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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS Members and Sloan Foundation 



http://archive.org/details/ordinances92balt 



ORDINANCES AND RESOLUTIONS 
OF THE 

Mayor And City Council 

OF BALTIMORE 

PASSED AT THE ANNUAL SESSION 1991-1992 




Mayor and City Council of Baltimore 

Department of Legislative Reference 

1992 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1991-1992 

CITY OF BALTIMORE 

ORDINANCE NO. 1 

(Council Bill No. 1) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of an open off-street parking area on the properties 
known as 219-221 West Centre Street, 216-224 West Franklin Street, 
501-537 North Howard Street, the former bed of Tyson Street (Lot 
38A), and the rear portion of 205 W. Centre Street, as outlined in red 
on the plats accompanying this ordinanc e, subject to a certain 
condition. 

BY authority, of 

Article 30 - Zoning 

Section(s) 9.0-3d and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking area 
on the properties known as 219-221 West Centre Street, 216-224 West 
Franklin Street, 501-537 North Howard Street, the former bed of Tyson 
Street (Lot 38A), and the rear portion of 205 W. Centre Street, as outlined in 
red on the plats accompanying this ordinance, under the provisions of 
Section(s) 9.0-3d and U.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), title "Zoning' 1 , subject to the condition 
that the parking lot shall be surrounded by a fence constructed of masonry 
and/or metal materials as approved bv the Planning Commission. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall than transmit a copy of the ordinance 



Ord. No. 2 

and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

SEC. 3 AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved December 10, 1991 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 2 

(Council Bill No. 6) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - LUDGATE ROAD 

FOR the purpose of repealing Ordinance No. 40, approved 

March 30, 1988, which provided for reserved handicapped parking on 
the south side of Ludgate Road, east of Clover Road for Robert 
Segers. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 40, approved March 30, 
1988, is hereby repealed and the authorization for reserved handicapped 
parking on the south side of Ludgate Road, east of Clover Road for Robert 
Segers therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 14, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 3 

(Council Bill No. 7) 



Ord. No. 4 



AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - WASHINGTON STREET 

FOR the purpose of repealing Ordinance No. 669, approved 

May 26, 1986, which provided for reserved handicapped parking on 
the west side of Washington Street north of Lombard Street for 
Elwood Milligan. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 669, approved May 26, 
1986, is hereby repealed and the authorization for reserved handicapped 
parking on the west side of Washington Street north of Lombard Street for 
Elwood Milligan therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 14, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 

(Council Bill No. 25) 

AN ORDINANCE concerning 

RESERVED PARKING - CLIFTVIEW AVENUE 

FOR the purpose of providing for reserved handicapped parking on the south 
side of Cliftview Avenue, from a point 275* east of Germania Avenue 
to a point 297' east of Germania Avenue for Haywood Clark. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That on Cliftview Avenue, south side, from a 
point 275' east of Germania Avenue to a point 297' east of Germania 
Avenue, parking is reserved for Haywood Clark displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Ord. No. 5 



Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 5 

(Council Bill No. 26) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CATHEDRAL STREET 

FOR the purpose of repealing Ordinance No. 685, approved 

June 23, 1982, which provided for reserved parking for the 
Commission on Aging volunteers in front of 1 1 14 Cathedral Street. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 685, approved June 23, 
1982, is hereby repealed and the authorization for reserved parking for the 
Commission on Aging volunteers in front of 1114 Cathedral Street therein 
provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 6 
(Council Bill No. 27) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CHARLES STREET 
FOR the purpose of repealing Ordinance No. 715, approved 



Ord. No. 7 



May 23, 1991, which provided for reserving parking for Basilica 
Rectory vehicles on the west side on Charles Street north of Mulberry 
Street. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 715, approved May 23, 
1991, is hereby repealed and the authorization for reserving parking for 
Basilica Rectory vehicles on the west side on Charles Street north of 
Mulberry Street therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 7 

(Council Bill No. 28) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - STEVENSON STREET 

FOR the purpose of repealing Ordinance No. 1064, approved 

October 9, 1987, which provided for reserving handicapped parking 
on the east side of Stevenson Street north of Fort Avenue for Misty 
Marie Mover. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 1064, approved October 
9, 1987, is hereby repealed and the authorization for reserving handicapped 
parking on the east side of Stevenson Street north of Fort Avenue for Misty 
Marie Mover therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



Ord. No. 8 

CITY OF BALTIMORE 

ORDINANCE NO. 8 

(Council Bill No. 33) 

AN ORDINANCE concerning 

CITY STREET - CHANGE OF NAME 

FOR the purpose of changing the name of Canterbury Road between N. 
Charles Street and W. Highfield Road to Oak Place. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the name of Canterbury Road between 
N. Charles Street and W. Highfield Road be and it is hereby changed, and it 
shall hereafter be known as Oak Place. 

SEC. 2. AND BE IT FURTHER ORDAINED. That notwithstanding 
the provisions of Sections 10-17. Article 27. of the Baltimore City Code, the 
numbers that are presently existing on the houses on Oak Place shall remain 
the same without change or alteration. 

SEC. 2_3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 9 

(Council Bill No. 43) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY 

FOR the purpose of naming baseball diamond No. 1 in Patterson Park after 
Virginia and Sterling "Sheriff Fowble. 



Ord. No. 10 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That baseball diamond No. 1 in Patterson 
Park be and it is hereby named the Sterling "Sheriff Fovvblo Fowbles 
Baseball Diamond. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 10 

(Council Bill No. 44) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY 

FOR the purpose of designating a certain area in Baltimore City as Restivo 
Square. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the area within the north side of 
Frederick Avenue, the west side of Fulton Avenue, the south side of Lombard 
Street, and the east side of Monroe be named Restivo Square and all 
documents and other papers of the City of Baltimore shall show the area 
described herein as Restivo Square. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 11 



Ord. No. 11 

(Council Bill No. 83) 

AN ORDINANCE concerning 

PARKING FINES 

FOR the purpose of providing for impounding and imposing a $50 fine for 
parking in violation of posted restrictions in the Camden Yards 
Stadium Complex residential permit parking area. 

BY adding 

Article 3 1 - Transit and Traffic 

Sections 103(la), 152(t) 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 
Article 3 1 - Transit and Traffic 
Subtitle - Parking and Stopping Fines, Penalties 

and Procedures 
Section 152(s) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

i 

Impounding Areas 

103. C Streets. 

(1A) CAMDEN YARDS STADIUM COMPLEX AREA, 
RESIDENTIAL PERMIT PARKING PROGRAM AREAS THEREIN. THE 
CAMDEN YARDS STADIUM COMPLEX AREA IS THAT AREA 
WITHIN THE OUTER LIMITS OF NORTH AVENUE, THE WESTERN 
BANK OF THE JONES* FALLS, THE OUTER LIMITS OF LAWRENCE 
STREET, INTERSTATE 1-95, AND MONROE STREET, AND FOR 
IMPOUNDING PURPOSES INCLUDES ONLY THOSE RESIDENTIAL 
PERMIT PARKING PROGRAM AREAS ESTABLISHED OR ALTERED 
PURSUANT TO ARTICLE 31, SECTION 156 (K). 



Ord. No. 12 



Parking and Stopping Fines, 
Penalties and Procedures 

152. Parking and stopping fines. 

Within the limits of the City of Baltimore the following parking and 
stopping fines are imposed in addition to the costs stipulated in the Annotated 
Code of Maryland: 

(s) Parking in violation of posted restrictions in residential permit 
parking areas, except in the Pimlico Race Track area AND THE CAMDEN 
YARDS STADIUM COMPLEX AREA AS PROVIDED IN 
SUBSUBSECTION (T) OF THIS SECTION, shall be a violation punishable 
by a fine of $25.00. 

(T) PARKING, STOPPING, OR STANDING IN VIOLATION OF 
POSTED RESTRICTIONS IN ANY RESIDENTIAL PERMIT PARKING 
PROGRAM AREA ESTABLISHED OR ALTERED WITHIN THE 
CAMDEN YARDS STADIUM COMPLEX AREA, PURSUANT TO 
ARTICLE 31, SECTION 156 (K), SHALL BE A VIOLATION 
PUNISHABLE BY A FINE OF $50.00 WHEN VIOLATION OCCURS 
WITHIN ONE HOUR BEFORE THE ADVERTISED START OF A 
STADIUM EVENT UNTIL ONE HOUR AFTER THE ACTUAL ENDING 
OF AN EVENT. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on April 1, 1992. 

Approved March 12, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 12 
(Council Bill No. 2) 
AN ORDINANCE concerning 

NUCLEAR FREE ZONE - NUCLEAR WEAPONS 



Ord. No. 12 



For the purpose of prohibiting the design, production, launching, 

maintaining or storage of nuclear weapons or components of nuclear 
weapons in the City of Baltimore; providing for a plan for the 
conversion to other uses of resources and physical plants affected by 
this ordinance; providing for signs proclaiming Baltimore's status as a 
nuclear free zone; and providing penalties. 

BY adding 

New Article 3 - Nuclear Free Zone 

Subtitle - Nuclear Weapons 

Section 1-3 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, The people of Baltimore find the presence of nuclear 
materials and nuclear weapons facilities within Baltimore in conflict with the 
maintenance of the Community's public health, safety, morals, economic 
well-being, and general welfare; and 

WHEREAS, The presence of the nuclear weapons industry in 
Baltimore could potentially harm the development of a stable local economy 
because of the likely decline in demand for new nuclear weapons in the near 
future; and 

WHEREAS, The people of the City of Baltimore clearly expressed 
their will in 1982 and in 1986 when they passed referenda (Section 9C and 
130-132 of Article 7 in the City Charter) by an overwhelming majority, 
demonstrating their concern about the local impact of nuclear weapons 
development and the need to convert to other kinds of industrial production; 
and > 

WHEREAS, By adopting this ordinance, the City Council, on behalf 
of the citizens of Baltimore, reaffirms the City's commitment to defend public 
health and safety, to promote economic prosperity, and fulfill its obligation to 
the citizens of Baltimore who supported the aforementioned referenda; now 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 



10 



Ord. No. 12 



ARTICLE 3 - NUCLEAR FREE ZONE 

NUCLEAR WEAPONS 

1. DEFINITIONS. 

FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 
DEFINITIONS APPLY: 

(A) "THE DEVELOPMENT COMMISSION- IS THAT WHICH IS 
SET FORTH IN SECTIONS 130-132 OF ARTICLE 7 OF THE CHARTER 
OF BALTIMORE CITY. 

(B) "COMPONENT OF A NUCLEAR WEAPON" IS ANY 
DEVICE, RADIOACTIVE OR NON-RADIOACTIVE, SPECIFICALLY 
DESIGNED TO BE INSTALLED IN AND TO CONTRIBUTE TO THE 
OPERATION OF A NUCLEAR WEAPON. 

(C) "DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT" 
MEANS ACTIONS OF THE FEDERAL GOVERNMENT OR ANY 
AGENCY THEREOF CREATED BY STATUTE, BUT DOES NOT 
INCLUDE ACTIONS OF INDEPENDENT CONTRACTORS. 

(D) "NUCLEAR WEAPON" IS ANY DEVICE, THE PURPOSE OF 
WHICH IS USE AS A WEAPON, A WEAPON PROTOTYPE, OR A 
WEAPON TEST DEVICE, THE INTENDED DETONATION OF WHICH 
RESULTS FROM THE ENERGY RELEASED BY FISSION AND/OR 
FUSION REACTIONS INVOLVING ATOMIC NUCLEI. "NUCLEAR 
WEAPON" INCLUDES THE WEAPON'S GUIDANCE AND 
PROPULSION SYSTEM AND TRIGGERING MECHANISM, I.E., THE 
MEANS OF TRANSPORTING, GUIDING, PROPELLING, TRIGGERING, 
OR DETONATING THE WEAPON, PROVIDED THAT SUCH MEANS IS 
DESTROYED OR RENDERED USELESS IN THE NORMAL 
TRANSPORTING, GUIDING, PROPELLING, TRIGGERING, OR 
DETONATION OF THE WEAPON. 

(E) "PERSON" MEANS A NATURAL PERSON, AS WELL AS A 
CORPORATION, INSTITUTION, OR OTHER ENTITY, BUT DOES NOT 
INCLUDE THE FEDERAL GOVERNMENT OR ANY AGENCY 
THEREOF. 

(F) "RADIOACTIVE MATERIALS" ARE ANY RADIOACTIVE 
MATERIALS, OR THEIR RADIOACTIVE BY-PRODUCTS, WHICH ARE 



11 



Ord. No. 12 



GENERATED, REFINED, OR MADE RADIOACTIVE BY ANY 
GOVERNMENT AGENCY OR PURSUANT TO FEDERAL OR STATE 
GOVERNMENT CONTRACT OR LICENSE, AND INCLUDING THAT 
WHICH THE FEDERAL GOVERNMENT CLASSIFIED AS LOW-LEVEL 
RADIOACTIVE WASTE AS OF JANUARY 1, 1989, BUT WHICH MAY 
BE CLASSIFIED AS BELOW REGULATORY CONCERN AFTER THAT 
DATE. 

2. EXCLUSIONS. NOTHING IN THIS ORDINANCE SHALL BE 
CONSTRUED TO PROHIBIT: 

(A) ANY ACTIVITY NOT SPECIFICALLY DESCRIBED IN THIS 
ORDINANCE; 

(B) BASIC RESEARCH AND/OR ANY WRITING OR SPEECH 
DEVOTED TO PUBLIC COMMENTARY OR DEBATE OR OTHER 
SPEECH PROTECTED BY THE FIRST AMENDMENT OF THE UNITED 
STATES CONSTITUTION; 

(C) THE USE. STORAGE OR TREATMENT AND DISPOSAL OF 
RADIOACTIVE MATERIALS USED IN BASIC ACADEMIC RESEARCH, 
MEDICAL RESEARCH, OR THE DIAGNOSIS AND TREATMENT OF 
PATIENTS; 

(D) CONSUMER USES OF RADIOACTIVE MATERIAL FOR 
SMOKE DETECTORS, LIGHT EMITTING WATCHES OR CLOCKS, 
INDUSTRIAL X RAY RADIOGRAPHY AND TRACER PROCESSES, 
AND OTHER SIMILAR INCIDENTAL APPLICATIONS; 

(E)' DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT OR 
ITS EMPLOYEES; AND 

(F) THE TRANSPORTATION OF RADIOACTIVE MATERIALS 
TO AND THROUGH THE PORT OF BALTIMORE kAND 

(G) RESEARCH. DEVELOPMENT. AND MANUFACTURING 
ASSOCIATED WITH BIOTECHNOLOGY. 

3. PROHIBITING NUCLEAR WEAPONS WORK; REDIRECTING 
RESOURCES TOWARD HUMAN NEEDS; NUCLEAR FREE ZONE 
SIGNS. 



12 



Ord. No. 12 



(A) PHASE-OUT OF PRESENT ACTIVITIES: NO PERSON 
SHALL KNOWINGLY WITHIN THE CITY OF BALTIMORE DESIGN, 
PRODUCE, DEPLOY, LAUNCH, MAINTAIN, OR STORE NUCLEAR 
WEAPONS OR COMPONENTS OF NUCLEAR WEAPONS. IN THE 
CASE OF PERSONS WITH EXISTING CONTRACTUAL AGREEMENTS 
FOR ANY OF THE AFOREMENTIONED ACTIVITIES, THIS 
PROHIBITION SHALL TAKE EFFECT THREE YEARS AFTER THE 
ADOPTION AND PUBLICATION OF THIS ORDINANCE; OTHERWISE, 
THIS ORDINANCE TAKES EFFECT UPON ENACTMENT. 

(1) PROHIBITION OF COMMENCEMENT OF NUCLEAR 
WEAPONS WORK: NO PERSON WHO IS NOT, AS OF THE 
EFFECTIVE DATE OF THIS ORDINANCE, ENGAGED IN THE 
DESIGN, PRODUCTION, DEPLOYMENT, LAUNCHING, 
MAINTENANCE OR STORAGE OF NUCLEAR WEAPONS OR 
COMPONENTS OF NUCLEAR WEAPONS, SHALL, WITHIN THE CITY 
OF BALTIMORE, COMMENCE ANY SUCH ACTIVITIES AFTER THE 
EFFECTIVE DATE OF THIS ORDINANCE. 

(B) REDIRECTION OF RESOURCES TOWARDS HUMAN 
NEEDS. 

THE DEVELOPMENT COMMISSION SHALL 
DETERMINE IF ANY BUSINESSES ARE AFFECTED BY THIS 
ORDINANCE. THE DEVELOPMENT COMMISSION SHALL THEN, IF 
NECESSARY, SOLICIT TESTIMONY FROM THE PUBLIC AND 
PREPARE A PLAN FOR THE CONVERSION TO OTHER USES OF 
RESOURCES AND PHYSICAL PLANTS AFFECTED BY THIS ACT, 
AND DEVELOP WITHIN THIS PLAN, A LIST OF SUGGESTED 
ALTERNATIVE SOURCES OF EMPLOYMENT FOR PERSONS 
CURRENTLY EMPLOYED IN THE NUCLEAR WEAPONS INDUSTRY. 
THE CONVERSION PLAN SHALL BE COMPLETED WITHIN THREE 
YEARS OF THE ADOPTION OF THIS ORDINANCE. THE 
COMMISSION SHALL ISSUE AN INTERIM REPORT ON ITS 
PROGRESS WITHIN EIGHTEEN MONTHS FOLLOWING THE 
COMMISSION'S FIRST MEETING. THIS INTERIM REPORT SHALL BE 
PRESENTED TO THE CITY COUNCIL, AND COPIES SHALL BE 
MADE AVAILABLE TO THE NEWS MEDIA FOR PUBLIC 
DISSEMINATION. 



13 



Ord. No. 12 



(C) NUCLEAR FREE ZONE SIGNS. 

THE CITY SHALL POST AND MAINTAIN 
APPROPRIATE SIGNS AT RECOGNIZED ENTRANCES TO THE CITY 
AND IN CITY HALL, PROCLAIMING BALTIMORE CITY'S STATUS 
AS A NUCLEAR FREE ZONE. WHEN POSTED ON CITY STREETS OR 
ON STATE OR FEDERALLY SUPPORTED ROADS ENTERING 
BALTIMORE CITY, SUCH SIGNS SHALL CONFORM WITH THE 
STANDARDS SET FORTH IN SECTION 28-44 OF THE FEDERAL 
HIGHWAY ADMINISTRATION'S MANUAL ON UNIFORM TRAFFIC 
CONTROL DEVICES FOR STREETS AND HIGHWAYS. 

(D) ENFORCEMENT^ 

EACH VIOLATION OF THIS SECTION S HALL BE 
PUNISHABLE BY A $1000 FINE, EACH DAY OF VIOLATION SHALL 
BE DEEMED A SEPARATE VIOLATION; 

(D) CIVIL ENFORCEMENT. 

ANY TAXPAYER DOMICILED IN THE CITY OF 
BALTIMORE. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS 
SECTION. OR THE MAYOR AND CITY COUNCIL OF BALTIMORE. IS 
AUTHORIZED TO INSTITUTE AN ACTION IN THE APPROPRIATE 
COURT OF LAW HAVING JURISDICTION. SEEKING DECLARATORY. 
INJUNCTIVE OR OTHER APPROPRIATE JUDICIAL RELIEF FOR THE 
PURPOSE OF ENFORCING THIS SECTION AND ENJOINING OR 
RESTRAINING ANY VIOLATIONS OF THIS SECTION. 
i 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any sub- 
section, paragraph, sentence or word of this section shall be held to be 
invalid, either on its face or as applied, the invalidity of such provision shall 
not affect the other sub-sections, paragraphs, sentences or words of this 
section and the applications thereof; and to that end the subsections, 
paragraphs, sentences or words of this ordinance shall be deemed severable. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 16, 1992 

KURT L. SCHMOKE, Mayor 



14 



Ord. No. 13 



CITY OF BALTIMORE 

ORDINANCE NO. 13 

(Council Bill No. 3) 

AN ORDINANCE concerning 

PURCHASES FROM THE MANUFACTURERS 
OF NUCLEAR WEAPONS 

For the purpose of discouraging the purchase of goods or services 

produced by the manufacturers of nuclear weapons or any component 
thereof. 

BY adding 

New Article 3 - Nuclear Free Zone 

Subtitle - Nuclear Free Purchasing 

Section 1-2 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, The people of Baltimore find the presence of nuclear 
materials and nuclear weapons facilities within Baltimore in conflict with the 
maintenance of the community's public health, safety, morals, economic well- 
being, and general welfare; and 

WHEREAS, The presence of the nuclear weapons industry in 
Baltimore could potentially harm the development of a stable local economy 
because of the likely decline in demand for new nuclear weapons in the near 
future; and 

WHEREAS, The people of the City of Baltimore clearly expressed 
their will in 1982 and in 1986 when they passed referenda (Sections 9C and 
130-132 of Article 7 in the City Charter) by an overwhelming majority, 
demonstrating their concern about the local impact of nuclear weapons 
development and the need to convert to other kinds of industrial production; 
and 

WHEREAS, By adopting this ordinance, the City Council, on behalf 
of the citizens of Baltimore, reaffirms the City's commitment to defend public 
health and safety, to promote economic prosperity, and fulfill its obligation to 
the citizens of Baltimore who supported the aforementioned referenda; now 
therefore, 



15 



Ord. No. 13 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 3 - NUCLEAR FREE ZONE 

NUCLEAR FREE PURCHASING 

1. DEFINITIONS. 

FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 
DEFINITIONS APPLY: 

(A) "COMPONENT OF A NUCLEAR WEAPON" IS ANY 
DEVICE, RADIOACTIVE OR NON-RADIOACTIVE, SPECIFICALLY 
DESIGNED TO BE INSTALLED IN AND TO CONTRIBUTE TO THE 
OPERATION OF A NUCLEAR WEAPON. 

(B) "NUCLEAR WEAPON" IS ANY DEVICE, THE 
PURPOSE OF WHICH IS USE AS A WEAPON, A WEAPON 
PROTOTYPE, OR A WEAPON TEST DEVICE, THE INTENDED 
DETONATION OF WHICH RESULTS FROM THE ENERGY RELEASED 
BY FISSION AND/OR FUSION REACTIONS INVOLVING ATOMIC 
NUCLEI. "NUCLEAR WEAPON" INCLUDES THE WEAPON'S 
GUIDANCE AND PROPULSION SYSTEM AND TRIGGERING 
MECHANISM, I.E., THE MEANS OF TRANSPORTING, GUIDING, 
PROPELLING, TRIGGERING, OR DETONATING THE WEAPON, 
PROVIDEP THAT SUCH MEANS IS DESTROYED OR RENDERED 
USELESS IN THE NORMAL TRANSPORTING, GUIDING, 
PROPELLING, TRIGGERING, OR DETONATION OF THE WEAPON. 

2. NUCLEAR FREE PURCHASING. 

WHENEVER PRACTICABLE, ALL CITY DEPARTMENTS^ 
COMMISSIONS, BOARDS, OFFICERS, AND EMPLOYEES SHALL 
MAKE EVERY GOOD FAITH EFFORT TO REFRAIN FROM 
PURCHASING OR LEASING ANY GOODS OR SERVICE S PRODUCED 
OR PROVIDED BY A MANUFACTURER OF NUCLEAR WEAPONS OR 
ANY COMPONENT THEREOF; 

WHENEVER PRACTICABLE. AND SUBJECT TO APPROVAL 
BY THE BOARD OF ESTIMATES. ALL CITY DEPARTMENTS. 



16 



Ord. No. 14 



AGENCIES. BOARDS. COMMISSIONS. OFFICERS. AND EMPLOYEES 
WHO PURCHASE OR LEASE GOODS AND SERVICES FOR THE CITY 
OF BALTIMORE SHALL MAKE GOOD FAITH EFFORTS NOT TO 
CONTRACT FOR. PURCHASE OR LEASE GOODS OR SERVICES 
PRODUCED. SOLD. DISTRIBUTED OR SUPPLIED BY 
MANUFACTURERS OF NUCLEAR WEAPONS OR COMPONENTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any sub- 
section, paragraph, sentence or word of this section shall be held to be 
invalid, either on its face or as applied, the invalidity of such provision shall 
not affect the other sub-sections, paragraphs, sentences or words of this 
section and the applications thereof; and to that end the subsections, 
paragraphs, sentences or words of this ordinance shall be deemed severable. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 16, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 14 

(Council Bill No. 4) 

AN ORDINANCE concerning 

DISPOSAL OF RADIOACTIVE MATERIALS 

For the purpose of prohibiting the disposal of radioactive materials within the 
City of Baltimore, its landfills or its incinerators; and providing 
penalties. 

BY adding 

New Article 3 - Nuclear Free Zone 

Subtitle - Disposal of Radioactive Materials 

Section 1-4 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, The people of Baltimore find the presence of nuclear 
materials within Baltimore in conflict with the maintenance of the 



17 



Ord. No. 14 



community's public health, safety, morals, economic well-being, and general 
welfare; and 

WHEREAS, The disposal of radioactive material within the City may 
constitute a public health hazard; and 

WHEREAS, The disposal or clean-up of radioactive materials 
abandoned or dispersed, willfully or accidentally, may be an economic cost to 
the City; and 

WHEREAS, The people of the City of Baltimore clearly expressed 
their will in 1982 and in 1986 when they passed referenda (Sections 9C and 
130-132 of Article 7 in the City Charter) by an overwhelming majority, 
demonstrating their concern about the local impact of nuclear weapons 
development and the need to convert to other kinds of industrial production; 
and 

WHEREAS, By adopting this ordinance, the City Council, on behalf 
of the Citizens of Baltimore, reaffirms the City's commitment to defend 
public health and safety, to promote economic prosperity, and fulfill its 
obligation to the citizens of Baltimore who supported the aforementioned 
referenda; now; therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

j ARTICLE 3 - NUCLEAR FREE ZONE 

DISPOSAL OF RADIOACTIVE MATERIALS 

1. DEFINITIONS. 

FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 
DEFINITIONS APPLY: 

(A) "PERSON" MEANS A NATURAL PERSON, AS WELL AS A 
CORPORATION, INSTITUTION, OR OTHER ENTITY, BUT DOES NOT 
INCLUDE THE FEDERAL GOVERNMENT OR ANY AGENCY 
THEREOF. 



18 



Ord. No. 14 



(B) "RADIOACTIVE MATERIALS" ARE ANY RADIOACTIVE 
MATERIALS, OR THEIR RADIOACTIVE BY-PRODUCTS, WHICH ARE 
GENERATED, REFINED, OR MADE RADIOACTIVE BY ANY 
GOVERNMENT AGENCY OR PURSUANT TO FEDERAL OR STATE 
GOVERNMENT CONTRACT OR LICENSE, AND INCLUDING THAT 
WHICH THE FEDERAL GOVERNMENT CLASSIFIED AS LOW-LEVEL 
RADIOACTIVE WASTE AS OF JANUARY 1, 1989, BUT WHICH MAY 
BE CLASSIFIED AS BELOW REGULATORY CONCERN AFTER THAT 
DATE. 

(C) "DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT" 
MEANS ACTIONS OF THE FEDERAL GOVERNMENT OR ANY 
AGENCY THEREOF CREATED BY STATUTE, BUT DOES NOT 
INCLUDE ACTIONS OF INDEPENDENT CONTRACTORS. 

2. EXCLUSIONS. NOTHING IN THIS ORDINANCE SHALL BE 
CONSTRUED TO PROHIBIT: 

(A) ANY ACTIVITY NOT SPECIFICALLY DESCRIBED IN THIS 
ORDINANCE; 

(B) THE USE. STORAGE OR TREATMENT AND DISPOSAL OF 
RADIOACTIVE MATERIALS USED IN BASIC ACADEMIC RESEARCH, 
MEDICAL RESEARCH, OR THE DIAGNOSIS AND TREATMENT OF 
PATIENTS; 

(C) CONSUMER USES OF RADIOACTIVE MATERIAL FOR 
SMOKE DETECTORS, LIGHT EMITTING WATCHES OR CLOCKS, 
INDUSTRIAL RADIOGRAPHY AND TRACER PROCESSES, AND 
OTHER SIMILAR INCIDENTAL APPLICATIONS; 

(D) DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT 
OR ITS EMPLOYEES. 

3. PROHIBITION ON DISPOSAL OF RADIOACTIVE MATERIALS. 
EXCEPT AS SPECIFICALLY EXEMPTED IN THIS ARTICLE, NO 
PERSON SHALL INCINERATE OR DISPOSE OF RADIOACTIVE 
MATERIALS, FOR ANY PURPOSE, WITHIN BALTIMORE CITY OR 
WITHIN LANDFILLS OR INCINERATORS OWNED OR LICENSED BY 
BALTIMORE CITY. 



19 



Ord. No. 15 



4. ENFORCEMENT. 

EACH VIOLATION OF THIS SECTION SHALL BE PUNISHABLE 
BY A $1000 FINE. EACH DAY OF VIOLATION SHALL BE DEEMED 
A SEPARATE VIOLATION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any sub- 
section, paragraph, sentence or word of this section shall be held to be 
invalid, either on its face or as applied, the invalidity of such provision shall 
not affect the other sub-sections, paragraphs, sentences or words of this 
section and the applications thereof; and to that end the subsections, 
paragraphs, sentences or words of this ordinance shall be deemed severable. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 16, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 15 

(Council Bill No. 5) 

AN ORDINANCE concerning 

JRANSPORTATION OF RADIOACTIVE MATERIALS 

For the purpose of providing for right-to-know protections regarding the 
transportation of radioactive materials. 

BY adding 

New Article 3 - Nuclear Free Zone 

Subtitle - Transportation of Radioactive materials 

Section 1-3 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, The people of Baltimore find the presence of nuclear 
materials and nuclear weapons within Baltimore in conflict with the 
maintenance of the community's public health, safety, morals, economic well- 
being, and general welfare; and 



20 



Ord. No. 15 



WHEREAS, By adopting this ordinance, the City Council, on behalf 
of the citizens of Baltimore, reaffirms the City's commitment to defend public 
health and safety, to promote economic prosperity, and fulfill its obligation to 
the citizens of Baltimore who supported the aforementioned referenda; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 3 - NUCLEAR FREE ZONE 

TRANSPORTATION OF RADIOACTIVE MATERIALS 

1. DEFINITIONS. 

FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 
DEFINITIONS APPLY: 

(A) "COMPONENT OF A NUCLEAR WEAPON" IS ANY 
DEVICE, RADIOACTIVE OR NON-RADIOACTIVE, SPECIFICALLY 
DESIGNED TO BE INSTALLED IN AND TO CONTRIBUTE TO THE 
OPERATION OF A NUCLEAR WEAPON. 

(B) "DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT" 
MEANS ACTIONS OF THE FEDERAL GOVERNMENT OR ANY 
AGENCY THEREOF CREATED BY STATUTE, BUT DOES NOT 
INCLUDE ACTIONS OF INDEPENDENT CONTRACTORS. 

(C) "NUCLEAR WEAPON" IS ANY DEVICE, THE PURPOSE OF 
WHICH IS USE AS A WEAPON, A WEAPON PROTOTYPE, OR A 
WEAPON TEST DEVICE, THE INTENDED DETONATION OF WHICH 
RESULTS FROM THE ENERGY RELEASED BY FISSION AND/OR 
FUSION REACTIONS INVOLVING ATOMIC NUCLEI. "NUCLEAR 
WEAPON" INCLUDES THE WEAPON'S GUIDANCE AND 
PROPULSION SYSTEM AND TRIGGERING MECHANISM, I.E., THE 
MEANS OF TRANSPORTING, GUIDING, PROPELLING, TRIGGERING, 
OR DETONATING THE WEAPON, PROVIDED THAT SUCH MEANS IS 
DESTROYED OR RENDERED USELESS IN THE NORMAL 
TRANSPORTING, GUIDING, PROPELLING, TRIGGERING, OR 
DETONATION OF THE WEAPON. 



21 



Ord. No. 15 



(D) "PERSON" MEANS A NATURAL PERSON, AS WELL AS A 
CORPORATION, INSTITUTION, OR OTHER ENTITY, BUT DOES NOT 
INCLUDE THE FEDERAL GOVERNMENT OR ANY AGENCY 
THEREOF. 

(E) "RADIOACTIVE MATERIALS" ARE ANY RADIOACTIVE 
MATERIALS, OR THEIR RADIOACTIVE BY-PRODUCTS, WHICH ARE 
GENERATED, REFINED, OR MADE RADIOACTIVE BY ANY 
GOVERNMENT AGENCY OR PURSUANT TO FEDERAL OR STATE 
GOVERNMENT CONTRACT OR LICENSE, AND INCLUDING THAT 
WHICH THE FEDERAL GOVERNMENT CLASSIFIED AS LOW-LEVEL 
RADIOACTIVE WASTE AS OF JANUARY 1, 1989, BUT WHICH MAY 
BE CLASSIFIED AS BELOW REGULATORY CONCERN AFTER THAT 
DATE. 

2. EXCLUSIONS. NOTHING IN THIS ORDINANCE SHALL BE 
CONSTRUED TO PROHIBIT: 

(A) ANY ACTIVITY NOT SPECIFICALLY DESCRIBED IN THIS 
ORDINANCE; 

(B) THE TRANSPORTATION OF RADIOACTIVE MATERIALS 
USED IN BASIC MEDICAL ACADEMIC RESEARCH, MEDICAL 
RESEARCH, OR THE DIAGNOSIS AND TREATMENT OF PATIENTS; 

(C) CONSUMER USES OF RADIOACTIVE MATERIAL FOR 
SMOKE DETECTORS, LIGHT EMITTING WATCHES OR CLOCKS, 
INDUSTRIAL RADIOGRAPHY AND TRACER PROCESSES, AND 
OTHER SJMILAR INCIDENTAL APPLICATIONS; 

(D) DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT 
OR ITS EMPLOYEES; AND 

(E) THE TRANSPORTATION OF RADIOACTIVE MATERIALS 
TO AND THROUGH THE PORT OF BALTIMORE. 

3. RESTRICTIONS ON TRANSPORTATION OF RADIOACTIVE 
MATERIALS. 

(A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS 
ORDINANCE, THE OFFICE OF DISASTER CONTROL AND CIVIL 



22 



Ord. No. 15 



DEFENSE SHALL PREPARE A REPORT FOR THE CITY COUNCIL 
COVERING THE FOLLOWING AREAS: 

(1) A DETERMINATION OF WHICH EXISTING 
FEDERAL, STATE AND LOCAL LAWS CAN BE USED TO CONTROL 
THE TRANSPORTATION OF RADIOACTIVE MATERIALS; 

(2) A SURVEY OF SHIPPERS AND RECIPIENTS OF 
RADIOACTIVE MATERIALS IN OR NEAR THE MUNICIPALITY; 

(3) A CONSIDERATION OF ALTERNATIVE ROUTES TO 
THOSE PRESENTLY ALLOWED UNDER 49 CFR, USING DOT 
GUIDELINES AND LOCAL SAFETY ANALYSES, AND COOPERATING 
WITH STATE ROUTING AGENCIES WHERE APPLICABLE; AND 

(4) AN EMERGENCY RESPONSE PLAN AND 
ASSESSMENT OF CAPABILITIES FOR ACCIDENTS INVOLVING 
RADIOACTIVE MATERIALS TRANSPORT. 

(B) THE BOARD OF FIRE COMMISSIONERS OF BALTIMORE 
SHALL REQUEST THAT STATE OFFICIALS NOTIFY BALTIMORE 
CITY'S FIRE COMMUNICATION CENTER OF THE 
TRANSPORTATION OF RADIOACTIVE MATERIALS, BASED UPON 
THE REQUIREMENTS OF FEDERAL LAW 10 C.F.R. 171.97(C)3 
WHICH REQUIRES SHIPPERS TO NOTIFY THE STATE GOVERNOR 
OR HIS DESIGNEES, NO LESS THAN 96 HOURS PRIOR TO SUCH 
SHIPMENTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any sub- 
section, paragraph, sentence or word of this section shall be held to be 
invalid, either on its face or as applied, the invalidity of such provision shall 
not affect the other sub-sections, paragraphs, sentences or words of this 
section and the applications thereof; and to that end the subsections, 
paragraphs, sentences or words of this ordinance shall be deemed severable. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 16, 1992 

KURT L. SCHMOKE, Mayor 



23 



Ord. No. 16 

CITY OF BALTIMORE 

ORDINANCE NO. 16 

(Council Bill No. 29) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 18-22 WEST 27TH STREET 

FOR the purpose of granting permission to the Baltimore Corporation for 

Housing Partnerships for the establishment, maintenance and operation 
of housing for the elderl y, with a maximum of 24 dwelling units, on 
the property known as 18-22 West 27th Street, as outlined in red on 
the plats accompanying this ordinanc e, subject to certain conditions . 

BY authority 

Article 30 - Zoning 

Sections 4.8-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission to the Baltimore Corporation 
for Housing Partnerships is hereby granted for the establishment, maintenance 
and operation of housing for the elderl y, with a maximum of 24 dwelling 
units, on the property known as 18-22 West 27th Street, as outlined in red on 
the plats accompanying this ordinance, under the provisions of Sections 4.8- 
ld-5 and y .0-6d of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: The Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 



24 



Ord. No. 17 



SEC. 3. AND BE IT FURTHER ORDAINED. That this permission 
is granted subject to the following conditions: that. (1) prior to the issuance of 
building permits, the architectural plans shall be reviewed by the Design 
Advisory Panel; and (2) any change in the ownership of the property shall 
require an amendment to this ordinance. 

SEC. 3 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 17, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 17 

(Council Bill No. 21) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
HOUSING AND COMMUNITY DEVELOPMENT - $172,000 

FOR the purpose of providing a supplementary General Fund Operating 

appropriation in the amount of $172,000 to Housing and Community 
Development (Program 593 - Community Support Projects) to be used 
for the Mt. Winans modernization project. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by the Pilot - Housing Authority in excess of the amounts from this 
source estimated and relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1992 fiscal year, and said 
money is therefore available for appropriation to Housing and Community 
Development pursuant to the provisions of Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended); and 



25 



Ord. No. 18 



WHEREAS, The additional sum here appropriated is for a program 
included in the current Ordinance of Estimates and is made necessary by a 
material change in circumstances since the formulation and adoption of such 
Ordinance, in accordance with Article VI, Section 2(h)(3) of said Charter; 
and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 
8th day of January, 1992, all in accordance with Article VI, Section 2(h)(3) 
of the Baltimore City Charter (1964 Revision as, amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $172,000 shall be made available to Housing and Community Development 
(Program 593 - Community Support Projects) as a supplementary General 
Fund Operating appropriation for the fiscal year ending June 30, 1992 for the 
Mt. Winans modernization project which could not reasonably be anticipated 
at the time of formulation of the proposed Fiscal 1992 Ordinance of 
Estimates. The amount thus made available as a supplementary General Fund 
Operating appropriation shall be expended from revenue derived from the 
Pilot - Housing Authority ($172,000) in excess of the amounts from this 
source which was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 1992 fiscal 
year; and said funds from said Pilot - Housing Authority shall be the source 
of revenue for this supplementary General Fund operating appropriation as 
required by Article VI, Section 2 (h)(3) of the Baltimore City Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 25, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 18 
(Council Bill No. 22) 



26 



Ord. No. 18 



AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
COMMITTEE ON ART AND CULTURE - $100,000 

FOR the purpose of providing a supplementary Special Fund Operating 

appropriation in the amount of $100,000 to the Committee on Art and 
Culture (Program 492 - Promotion of Art and Culture) to support 
local art programs and artists. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by private and corporate donations which could not be expected 
with reasonable certainty at the time of the formulation of the proposed 
Ordinance of Estimates for the fiscal year ending June 30, 1992 in accordance 
with Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 Revision, 
as amended); and 

WHEREAS, This supplementary Special Fund Operating 
appropriation has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 8th day of January, 
1992, all in accordance with Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of Baltimore City, the sum 
of $100,000 shall be made available to the Committee on Art and Culture 
(Program 492 - Promotion on Art and Culture) of the City of Baltimore as a 
supplementary Special Fund Operating appropriation for the fiscal year ending 
June 30, 1992 for the purpose of supporting local art programs and artists. 
The amount thus made available as a supplementary Special Fund Operating 
appropriation shall be expended from a Special Grant which could not be 
expected with reasonable certainty at the time of formulation of the fiscal 
1992 Ordinance of Estimates; and said funds from private and corporate 
donations shall be the source of revenue for this supplementary Special Fund 
Operating appropriation as required by Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as amended). 



27 



Ord. No. 19 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect upon the date of its enactment. 

Approved March 25, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 19 

(Council Bill No. 49) 

AN ORDINANCE concerning 

REPEAL OF RESERVE PARKING - WILMINGTON AVENUE 

FOR the purpose of repealing Ordinance 878, approved October 19, 

1978, reserving handicapped parking on the east side of Wilmington 
Avenue south of Benson Avenue for Thomas W. Hamill. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 878, approved October 
19, 1978, is hereby repealed and the authorization for reserved handicapped 
parking for Thomas W. Hamill on the east side Wilmington Avenue south of 
Benson Avenue therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 25, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 20 
(Council Bill No. 72) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CONKLING STREET 

28 



Ord. No. 21 



FOR the purpose of repealing Ordinance No. 763, approved June 21, 

1991, which provided for reserved handicapped parking on the west 
side of Conkling Street north of Leverton Avenue for Kelly Anne 
Barkley. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 763, approved June 21, 
1991, is hereby repealed and the authorization for reserved handicapped 
parking on the west side of Conkling Street north of Leverton Avenue for 
Kelly Anne Barkley therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 21 

(Council Bill No. 73) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - EAST AVENUE 

FOR the purpose of repealing Ordinance No. 1085, approved October 

30, 1987, which provided for reserved handicapped parking on the 
east side of East Avenue south of Pratt Street for William Sparks. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 1085, approved October 
30, 1987, is hereby repealed and the authorization for reserved handicapped 
parking on the east side of East Avenue south of Pratt Street for William 
Sparks therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 9, 1992 

KURT L. SCHMOKE, Mayor 



29 



Ord. No. 22 

CITY OF BALTIMORE 

ORDINANCE NO. 22 

(Council Bill No. 74) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - MALVERN STREET 

FOR the purpose of repealing Ordinance No. 926, approved April 24, 1987, 
which provided for reserved handicapped parking on the east side of 
Malvern Street south of Eastbourne Avenue for Alexander Potega. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 926, approved April 24, 
1987, is hereby repealed and the authorization for reserved handicapped 
parking on the east side of Malvern Street south of Eastbourne Avenue, for 
Alexander Potega therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 23 

(Council Bill No. 75) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - ROBINSON STREET 

FOR the purpose of repealing Ordinance No. 7, approved February 16, 1988, 
which provided for reserved handicapped parking on the east side of 
Robinson Street south of Pratt Street for Dawn Kozlowski. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 7, approved February 16, 



30 



Ord. No. 24 



1988, is hereby repealed and the authorization for reserved handicapped 
parking on the east side of Robinson Street south of Pratt Street for Dawn 
Kozlowski therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 24 

(Council Bill No. 94) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
HEALTH DEPARTMENT - $7,000,000 

FOR the purpose of providing a supplementary Special Fund Operating 

appropriation in the amount of $7,000,000 to the Health Department 
(Program 304 - Clinical Services) to provide additional appropriation 
authority to accept Ryan White Title I grant awards for AIDS 
treatment program. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding from 
grants from governmental sources in excess of the amount for this source 
estimated and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1992 fiscal year, and said money 
is therefore available for appropriation to the Health Department pursuant to 
the provisions of Article VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 



31 



Ord. No. 25 



formulation of the current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary Fund Operating appropriation has 
been recommended to the City Council by the Board of Estimates at a regular 
meeting of the Board held on the 26th day of February, 1992, all in 
accordance with Article VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(2) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $7,000,000 shall be made available to the Health Department 
(Program 304 - Clinical Services) as a supplementary Special Fund Operating 
appropriation for the fiscal year ending June 30, 1992 to provide additional 
appropriation authority to accept Ryan White Title I grant awards for AIDS 
treatment program which could not reasonably be anticipated at the time of 
formulation of the proposed Fiscal 1992 Ordinance of Estimates. The amount 
thus made available as a supplementary Special Fund Operating appropriation 
shall be provided from Ryan White - Title I Federal Grant in excess of the 
amount from this source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the budget for the 
1992 fiscal year; and said funds from said Federal grant shall be the source of 
revenue for this supplementary Special Fund operating appropriation as 
required by Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 25 

(Council Bill No. 114) 
AN ORDINANCE concerning 



32 



Ord. No. 25 



MARYLAND INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY 

REVENUE BONDS 
SOUTH BALTIMORE FAMILY HEALTH CENTERS, INC. - $2,100,000 

FOR the purpose of approving the issuance and sale by the Maryland 

Industrial Development Financing Authority, pursuant to the Maryland 
Economic Development Revenue Bond Act and the Maryland 
Industrial Development Financing Authority Act, of one or more 
series of its limited obligation economic development revenue bonds in 
an aggregate principal amount not to exceed $2,100,000 for the 
purpose of financing the costs of acquisition (as defined in such Acts) 
by South Baltimore Family Health Centers, Inc., a Maryland nonprofit 
corporation, of a certain facility (as defined in such Acts) located 
within the geographical boundaries and jurisdiction of Baltimore City, 
Maryland, the acquisition of which facility consists of and includes 
(a) the construction on a previously acquired 1.4 (approximate)-acre 
parcel of land of a masonry building containing approximately 20,000 
square feet, (b) the acquisition and installation of certain necessary or 
useful fixtures, equipment and machinery and (c) the acquisition of 
such interests in land as may be necessary or suitable for the 
foregoing, including, without limitation, roads, rights of access, 
utilities and other site preparation facilities, all of which is or shall be 
located at 631 Cherry Hill Road, Baltimore City, Maryland and used 
by South Baltimore Family Health Centers, Inc. as a community 
health care facility; specifying and describing such facility; generally 
describing the public purpose to be served by such facility; specifying 
and describing various matters in connection therewith; and relating 
generally thereto. 

RECITALS 

The Maryland Industrial Development Financing Authority Act (the 
"MIDFA Act") provides that in order to accomplish the purposes of the 
MIDFA Act, the Maryland Industrial Development Financing Authority (the 
"Authority"), on behalf of the State of Maryland (the "State"), may issue and 
sell bonds as provided in and in accordance with the Maryland Economic 
Development Revenue Bond Act (the "Revenue Bond Act"). The MIDFA 
Act and the Revenue Bond Act are herein sometimes collectively referred to 
as the "Acts". The MIDFA Act further provides that the Authority may 
accomplish the acquisition of one or more facilities from the proceeds of the 
sale of its bonds by one or more of the methods described in the Revenue 
Bond Act. 



33 



Ord. No. 25 



Section 13-138(e) of the MIDFA Act provides that prior to the 
issuance and sale of bonds by the Authority, the legislative body of the county 
or municipality in which the facility (as defined in the Acts) to be financed 
with the proceeds of the bonds is to be located shall adopt a resolution which 
shall (a) be administrative in nature, not subject to the procedures required for 
legislative acts and not subject to referendum, (b) specify and describe the 
facility, and (c) generally describe the public purpose to be served by the 
facility. 

South Baltimore Family Health Centers, Inc., a Maryland nonprofit 
corporation (the "Applicant"), has requested the Mayor and City Council of 
Baltimore, a body politic and corporate and a political subdivision of the State 
and a county and a public body within the meaning of the Acts (the "City"), 
to approve the issuance by the Authority of its bonds in an aggregate principal 
amount not to exceed $2,100,000 to provide for the financing of the costs of 
acquisition by the Applicant of a certain facility located within the 
geographical boundaries and jurisdiction of the City (the "Facility") and more 
particularly described below. 

The City has determined, based upon the findings and determinations 
hereinafter set forth, that it is in the best interests of the citizens of the City 
that the City approve the financing by the Authority of the costs of acquisition 
by the Applicant of the Facility by approving the issuance and sale by the 
Authority, pursuant to the Acts, at any time and from time to time, of one or 
more series of its limited obligation economic development revenue bonds in 
an aggregate principal amount not to exceed $2,100,000. 

NOW, THEREFORE, PURSUANT TO AND IN ACCORDANCE 
WITH THE ACTS: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That all words and terms used in this 
Resolution (including the Recitals set forth above) that are defined or used in 
the Acts shall have the meaning indicated in the Acts, unless the context 
clearly requires a contrary meaning. 

SEC. 2. AND BE IT FURTHER RESOLVED, That the Facility shall 
consist of (a) the construction on a previously acquired 1 .4 (approximate)-acre 
parcel of land of a masonry building containing approximately 20,000 square 
feet, (b) the acquisition and installation of certain necessary or useful fixtures, 
equipment and machinery and (c) the acquisition of such interests in land as 
may be necessary or suitable for the foregoing, including, without limitation, 
roads, rights of access, utilities and other site preparation facilities, all of 



34 



Ord. No. 25 



which is or shall be located at 631 Cherry Hill Road, Baltimore City, 
Maryland and used by the Applicant as a community health care facility. 

SEC. 3. AND BE IT FURTHER RESOLVED, That it is hereby 
found and determined that the Facility and the financial assistance to be 
provided by the Authority as described in this Resolution, will fulfill, 
accomplish and promote, the declared public purposes of the Acts, which are 
to (a) relieve conditions of unemployment in the State, (b) encourage the 
increase of industry and commerce and a balanced economy in the State, 
(c) assist in the retention of existing industry and commerce and in the 
attraction of new industry and commerce in the State, (d) promote economic 
development in the State and (e) generally promote the health, welfare, and 
safety of the residents of each of the counties and municipalities of the State. 
Specifically, it is hereby found and determined that the financing of the costs 
of acquisition of the Facility by the Applicant will increase employment in the 
City by creating approximately 23 new jobs within 3 years, and will assure 
the availability of health care services to a medically underserved area. 
Accordingly, it is in the interest of the public welfare of the citizens of the 
State and of the City that the City approve the issuance by the Authority of its 
bonds for the purpose of financing the costs of acquisition of the Facility. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the City hereby 
approves the issuance and sale by the Authority at any time and from time to 
time of one or more series of its limited obligation economic development 
revenue bonds in an aggregate principal amount not to exceed $2,100,000 (the 
"Bonds"), the proceeds of any series of which may be used by the Authority 
to make a loan to the Applicant, the proceeds of which loan shall be used by 
the Applicant to finance the costs of acquisition of the Facility. 

SEC. 5. AND BE IT FURTHER RESOLVED, That (a) the Bonds 
and the interest thereon will be limited obligations of the Authority, payable 
solely from revenues or moneys to be received by the Authority in connection 
with the financing of the costs of acquisition of the Facility or from any other 
funds provided therefor, (b) the Bonds will not constitute an indebtedness to 
which the faith and credit of the State, the Department of Economic and 
Employment Development of the State (the "Department"), the Authority, the 
City or any other public body is pledged, and (c) neither the Bonds nor the 
interest thereon shall ever constitute an indebtedness or a charge against the 
general credit or taxing powers of the State, the Department, the Authority, 
the City or any other public body and neither shall ever constitute or give rise 
to any pecuniary liability of the State, the Department, the Authority, the City 
or any other public body. 



35 



Ord. No. 26 



SEC. 6. AND BE IT FURTHER RESOLVED, That the Bonds shall 
be authorized, issued, sold and delivered without direct or indirect cost to the 
City, and to that end, the Applicant shall pay all necessary expenses of 
preparing, printing, selling and issuing the Bonds and all other costs 
contemplated and permitted by the Acts, including, without limitation, any 
and all costs, fees and expenses (including, without limitation, any attorneys' 
fees) incurred by or on behalf of the City in connection with this Resolution 
or the publication of notices of any public hearings to be held in connection 
herewith, whether or not the proposed financing is consummated. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the passage of 
this Resolution shall not in any way indicate the approval of, or constitute any 
commitment for approval by, the City or any of its officers or employees of, 
any license, permit, application or any other request to the City with respect 
to the financing, zoning, construction, acquisition or operation of the Facility. 

SEC. 8. AND BE IT FURTHER RESOLVED, That no further action 
by the City Council is necessary to effect the financing of the costs of 
acquisition of the Facility by the Applicant or the completion of the 
transactions contemplated in this Resolution, including, without limitation, the 
issuance and sale of the Bonds. 

SEC. 9. AND BE IT FURTHER RESOLVED, That, in accordance 
with Section 13-138(e) of the MIDFA Act, this Resolution is administrative in 
nature, not subject to the procedures required for legislative acts of the City 
and not subject to referendum. 



SEC. 10. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved April 16, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 26 
(Council Bill No. 97) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - LOCUST STREET 

36 



Ord. No. 27 



FOR the purpose of repealing Ordinance No. 659, approved May 6, 1986, 

which provided for reserved handicapped parking on the south side of 
Locust Street west of Fairhaven Avenue for Alma Joyce Milleker. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 659, approved May 6, 
1986, is hereby repealed and the authorization for reserved handicapped 
parking on the south side of Locust Street west of Fairhaven Avenue for 
Alma Joyce Milleker therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 27 

(Council Bill No. 32) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - E. NORTH AVENUE 

FOR the purpose of authorizing the construction and maintenance of 2 fences 
projecting approximately 10 feet into the public right-of-way on the 
south side of the 300 block of E. North Avenue. 

BY authority 

Article 32 - Building Code 

Subtitle - Article 5 - General Building Limitations 

Section 507.8 

Baltimore City Building Code (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the construction and maintenance of two 
42 inch high steel fences is hereby authorized on the south side of the 300 
block of E. North Avenue. One fence shall be approximately 126 feet long 
and the other shall be approximately 95 feet long and both fences shall project 
into the public right-of-way approximately 10 feet. 



37 



Ord. No. 28 



Except as specifically provided in this ordinance, all ordinances and 
all rules and regulations of the Mayor and City Council of Baltimore shall be 
complied with in the construction and maintenance of these fences. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 28 

(Council BUI No. 70) 

AN ORDINANCE concerning 

GENERAL FUND CAPITAL APPROPRIATION TRANSFER 
PUBLIC WORKS TO ENOCH PRATT FREE LIBRARY - $200,000 

FOR the purpose of transferring a General Fund capital appropriation in the 
amount of $200,000 from the Department of Public Works (9916-197- 
092) to the Enoch Pratt Free Library operating budget (Program 452 - 
Extension Services) to provide additional operating expenses. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Baltimore City Charter 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $200,000 was appropriated from General 
Funds for the Department of Public Works capital programs in the Fiscal 
1992 Ordinance of Estimates, and said $200,000 is not needed for the purpose 
for which appropriated and is therefore available for use by another municipal 
agency; and 



38 



Ord. No. 29 



WHEREAS, The General Fund capital appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates, 
said recommendation having been made at a regular meeting of the Board 
held on the 19th day of February, 1992, all in accordance with Article VI, 
Section 2(i) of the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$200,000 contained in the Fiscal 1992 Ordinance of Estimates as a General 
Fund capital appropriation for the Department of Public Works shall be 
transferred to the Enoch Pratt Free Library. The amount thus made 
available to the Enoch Pratt Free Library as a General Fund oapital operating 
appropriation shall be used for additional operating expenses made necessary 
by a material change in circumstances. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 29 

(Council Bill No. 82) 

AN ORDINANCE concerning 

PRIVATE STREETS - NAME CHANGE 

FOR the purpose of providing that the name change of a private street shall 
require approval by ordinance of the Mayor and City Council. 

BY repealing and reordaining, with amendments 
Article 27 - Surveys 
Subtitle - Street Names 
Section 22 
Baltimore City Code (1983 Replacement Volume, as amended) 



39 



Ord. No. 30 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 27 - SURVEYS 

Street Names 

22. Petitions for change. 

Whenever a majority of the owners on any private street desire the 
name of the street to be changed on the Municipal records and on the street 
signs, they shall file a petition with the Department of Public Works 
requesting such change. THE DEPARTMENT OF PUBLIC WORKS 
SHALL REFER TO THE CITY COUNCIL THE PETITION AND A 
WRITTEN REPORT WITH A RECOMMENDATION AS TO THE 
ADVISABILITY OF THE NAME CHANGE. If the proposed change is 
satisfactory to the Department of Public Works AND IS APPROVED 
BY ORDINANCE OF THE MAYOR AND CITY COUNCIL, the 
Department shall then request the Department of [Transit and Traffic] 
TRANSPORTATION to change the street signs on the streets. When said 
street name signs have been changed, the Department of Public Works shall 
enter the new name upon its official maps, plats and records, and thenceforth 
all records of the City shall carry the street under the new name. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

j 
Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 30 

(Council Bill No. 88) 
AN ORDINANCE concerning 



40 



Ord. No. 30 



SPECIAL FUND CAPITAL APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

URBAN SERVICES AGENCY - $78,800 

FOR the purpose of transferring a Federal Fund capital 

appropriation in the amount of $78,800 from Housing and Community 
Development to the Urban Services Agency operating budget 
(Program 171 - Administration) to realign Community Development 
Block Grant XVI accounts to coincide with a grant amendment. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $78,800 was appropriated from Federal 
Funds for Housing and Community Development capital programs in the 
Fiscal 1991 Ordinance of Estimates, and said $78,800 is not needed for the 
purpose for which appropriated and is therefore available for use by another 
municipal agency; and 

WHEREAS, The Federal Fund capital appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 26th day of February, 1992, all 
in accordance with Article VI, Section 2(i) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $78,800 from Housing and Community Development (9991-587- 
406) contained in the Fiscal 1991 Ordinance of Estimates as a Federal Fund 
capital appropriation for Housing and Community Development shall be 
transferred to the Urban Services Agency operating budget (Program 171 - 
Administration). The amount thus made available to the Urban Services 
Agency as a Federal Fund operating appropriation shall be used to realign 



41 



Ord. No. 31 



Community Development Block Grant XVI accounts to coincide with a grant 
amendment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 31 

(Council Bill No. 89) 

AN ORDINANCE concerning 

SPECIAL FUND CAPITAL APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

URBAN SERVICES AGENCY - $85,000 

FOR the purpose of transferring a Federal Fund capital 

appropriation in the amount of $85,000 from Housing and Community 
Development to the Urban Services Agency operating budget 
(Program 426 - Education) to realign Community Development Block 
Grant XVI accounts to coincide with a grant amendment. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $85,000 was appropriated from Federal 
Funds for Housing and Community Development capital programs in the 
Fiscal 1991 Ordinance of Estimates, and said $85,000 is not needed for the 



42 



Ord. No. 32 



purpose for which appropriated and is therefore available for use by another 
municipal agency; and 

WHEREAS, The Federal Fund capital appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 26th day of February, 1992, all 
in accordance with Article VI, Section 2(i) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $85,000 from Housing and Community Development (9991-587- 
408) contained in the Fiscal 1991 Ordinance of Estimates as a Federal Fund 
capital appropriation for Housing and Community Development shall be 
transferred to the Urban Services Agency operating budget (Program 426 - 
Education). The amount thus made available to the Urban Services Agency 
as a Federal Fund operating appropriation shall be used to realign Community 
Development Block Grant XVI accounts to coincide with a grant amendment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 32 

(Council Bill No. 90) 

AN ORDINANCE concerning 

SPECIAL FUND CAPITAL APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

URBAN SERVICES AGENCY - $87,500 

FOR the purpose of transferring a Federal Fund capital appropriation in the 
amount of $87,500 from Housing and Community Development to the 
Urban Services Agency operating budget (Program 377 - Social 



43 



Ord. No. 32 



Services) to realign Community Development Block Grant XVI 
accounts to coincide with a grant amendment. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $87,500 was appropriated from Federal 
Funds for Housing and Community Development capital programs in the 
Fiscal 1991 Ordinance of Estimates, and said $87,500 is not needed for the 
purpose for which appropriated and is therefore available for use by another 
municipal agency; and 

WHEREAS, The Federal Fund capital appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

26th day of February, 1992, all in accordance with Article VI, Section 2(i) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(j) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $87,500 from Housing and Community Development (9991-587- 
408) contained in the Fiscal 1991 Ordinance of Estimates as a Federal Fund 
capital appropriation for Housing and Community Development shall be 
transferred to the Urban Services Agency (Program 377 - Social Services). 
The amount thus made available to the Urban Services Agency as a Federal 
Fund operating appropriation shall be used to realign Community 
Development Block Grant XVI accounts to coincide with a grant amendment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



Ord. No. 33 



CITY OF BALTIMORE 

ORDINANCE NO. 33 

(Council Bill No. 91) 

AN ORDINANCE concerning 

SPECIAL FUND CAPITAL APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

URBAN SERVICES AGENCY - $92,200 

FOR the purpose of transferring a Federal Fund capital 

appropriation in the amount of $92,200 from Housing and Community 
Development to the Urban Services Agency operating budget 
(Program 496 - Recreation) to realign Community Development Block 
Grant XVI accounts to coincide with a grant amendment. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $92,200 was appropriated from Federal 
Funds for Housing and Community Development capital programs in the 
Fiscal 1991 Ordinance of Estimates, and said $92,200 is not needed for the 
purpose for which appropriated and is therefore available for use by another 
municipal agency; and 

WHEREAS, The Federal Fund capital appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

26th day of February, 1992, all in accordance with Article VI, Section 2(i) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 



45 



Ord. No. 34 



Section 2(i) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $92,200 from Housing and Community Development (9991-593- 
803) contained in the Fiscal 1991 Ordinance of Estimates as a Federal Fund 
capital appropriation for Housing and Community Development shall be 
transferred to the Urban Services Agency operating budget (Program 496 - 
Recreation). The amount thus made available to the Urban Services Agency 
as a Federal Fund operating appropriation shall be used to realign Community 
Development Block Grant XVI accounts to coincide with a grant amendment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 34 

(Council Bill No. 92) 

AN ORDINANCE concerning 

SPECIAL FUND CAPITAL APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

URBAN SERVICES AGENCY - $204,800 

FOR the purpose of transferring a Federal Fund capital appropriation in the 
amount of $204,800 from Housing and Community Development to 
the Urban Services Agency operating budget (Program 172 - 
Neighborhood Organizations) to realign Community Development 
Block Grant XVI accounts to coincide with a grant amendment. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 



46 



Ord. No. 35 



of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $204,800 was appropriated from Federal 
Funds for Housing and Community Development capital programs in the 
Fiscal 1991 Ordinance of Estimates, and said $204,800 is not needed for the 
purpose for which appropriated and is therefore available for use by another 
municipal agency; and 

WHEREAS, The Federal Fund capital appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

26th day of February, 1992, all in accordance with Article VI, Section 2(i) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $204,800 from Housing and Community Development (9991-587- 
308, $84,400; 9991-587-406, $33,100; 9991-587-408, $13,200; 9991-587- 
506, $46,700; 9991-587-684, $19,600; 9991-593-803, $7,800) contained in 
the Fiscal 1991 Ordinance of Estimates as a Federal Fund capital 
appropriation for Housing and Community Development shall be transferred 
to the Urban Services Agency (Program 172 - Neighborhood Organizations). 
The amount thus made available to the Urban Services Agency as a Federal 
Fund operating appropriation shall be used to realign Community 
Development Block Grant XVI accounts to coincide with a grant amendment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 35 

(Council Bill No. 93) 

AN ORDINANCE concerning 

SPECIAL FUND OPERATING APPROPRIATION TRANSFER 
HOUSING AND COMMUNITY DEVELOPMENT TO 
URBAN SERVICES AGENCY - $108,900 

47 



Ord. No. 35 



FOR the purpose of transferring a Federal Fund operating 

appropriation in the amount of $108,900 from Housing and 
Community Development to the Urban Services Agency operating 
budget (Program 172 - Neighborhood Organizations) to realign 
Community Development Block Grant XVI accounts to coincide with 
a grant amendment. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $108,900 was appropriated from Federal 
Funds for Housing and Community Development operating programs in the 
Fiscal 1991 Ordinance of Estimates, and said $108,900 is not needed for the 
purpose for which appropriated and is therefore available for use by another 
municipal agency; and 

WHEREAS, The Federal Fund operating appropriation transfer 
ordained herein has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 
26th day of February, 1992, all in accordance with Article VI, Section 2(i) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the Charter of Baltimore City (1964 Revision, as amended), 
the sum of $108,900 from Housing and Community Development (2081-593- 
202, $83,900 and 2081-593-203, $25,000) contained in the Fiscal 1991 
Ordinance of Estimates as a Federal Fund operating appropriation for 
Housing and Community Development shall be transferred to the Urban 
Services Agency (Program 172 - Neighborhood Organizations). The amount 
thus made available to the Urban Services Agency as a Federal Fund 
operating appropriation shall be used to realign Community Development 
Block Grant XVI accounts to coincide with a grant amendment. 



48 



Ord. No. 36 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 36 
(Council Bill No. 76) 



AN ORDINANCE concerning 

CITY STREET - OPENING 
ALLEY SOUTH OF CLIFTON AVENUE 

FOR the purpose of condemning and opening a 10 foot alley and a 20 foot 
alley laid out 140.0 feet south of Clifton Avenue and extending from 
Denison Street westerly to Edgewood Street in accordance with a plat 
thereof numbered 340-A-12E prepared by the Survey Control Section 
and filed in the Office of the Department of Public Works, on the 
Seventh (7th) day of May, 1991. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
is hereby authorized and directed to condemn and open a 10 foot alley and a 
20 foot alley laid out 140.0 feet south of Clifton Avenue and extending from 
Denison Street westerly to Edgewood Street; the said alleys hereby directed to 
be condemned for said opening being described as follows: 

Beginning for Parcel No. 1 at a point formed by the intersection of the 
north side of a 10 foot alley laid out 140.0 feet south of Clifton Avenue, 76 
feet wide, as authorized to be widened under Ordinance No. 363, approved 
April 9, 1925 and the west side of Denison Street, 66 feet wide, and running 
thence binding on the west side of said Denison Street, South 02°38 , 4O" East 



49 



Ord. No. 36 



10.00 feet to intersect the south side of said 10 foot alley; thence binding on 
the south side of said 10 foot alley, South 87°20*40" West 317 feet, more or 
less, to intersect the easternmost extremity of a 20 foot alley laid out 140.0 
feet south of said Clifton Avenue; thence binding on part of the easternmost 
extremity of said 20 foot alley, North 02°38'40" West 10.00 feet to intersect 
the north side of said 10 foot alley, and thence binding on the north side of 
said 10 foot alley, North 87°20'40" East 317 feet, more or less, to the place 
of beginning. 

Beginning for Parcel No. 2 at a point formed by the intersection of the 
north side of a 20 foot alley laid out 140.0 feet south of Clifton Avenue, 76 
feet wide, as authorized to be widened under Ordinance No. 363, approved 
April 9, 1925 and the east side of Edgewood Street, 66 feet wide and running 
thence binding on the north side of said 20 foot alley, North 87°20'40" East 
117 feet, more or less, to the westernmost extremity of a 10 foot alley laid 
out 140.0 feet south of said Clifton Avenue; thence binding in part on the 
westernmost extremity of said 10 foot alley, in part on the easternmost 
extremity of said 20 foot alley and in all, South 02°38*40" East 20.00 feet to 
intersect the south side of said 20 foot alley; thence binding on the south side 
of said 20 foot alley, South 87°20*40" West 117 feet, more or less, to 
intersect the east side of said Edgewood Street and thence binding on the east 
side of said Edgewood Street, North 02 °3 8*40" West 20.00 feet to the place 
of beginning. 

The said 10 foot alley and 20 foot alley as directed to be condemned 
being more particularly described and referred to among the Land Records of 
Baltimore City and delineated and particularly shown on a plat numbered 340- 
A-12E which was filed in the Office of the Department of Public Works on 
the Seventh (7th) day of May in the year 1991 and is now on file in said 
Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings 
of said Department of Public Works, with reference to the condemnation and 
opening of said 10 foot alley and 20 foot alley and the proceedings and rights 
of all parties interested or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and all rules or 
regulations in effect which have been adopted by the Director of Public 
Works and filed with the Department of Legislative Reference. 



50 



Ord. No. 37 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 19, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 37 

(Council Bill No. 77) 

AN ORDINANCE concerning 

CITY STREET - CLOSING 
ALLEY SOUTH OF CLIFTON AVENUE 

FOR the purpose of condemning and closing a 10 foot alley and a 20 foot 
alley laid out 140.0 feet south of Clifton Avenue and extending from 
Denison Street westerly to Edgewood Street in accordance with a plat 
thereof numbered 340-A-12F prepared by the Survey Control Section 
and filed in the Office of the Department of Public Works, on the 
Seventh (7th) day of May, 1991. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
it is hereby authorized and directed to condemn and close a 10 foot alley and 
a 20 foot alley laid out 140.0 feet south of Clifton Avenue and extending 
from Denison Street westerly to Edgewood Street; the said alleys hereby 
directed to be condemned for said closing being described as follows: 

Beginning for Parcel No. 1 at a point formed by the intersection of the 
north side of a 10 foot alley laid out 140.0 feet south of Clifton Avenue, 76 
feet wide, as authorized to be widened under Ordinance No. 363, approved 
April 9, 1925 and the west side of Denison Street, 66 feet wide, and running 



51 



Ord. No. 37 



thence binding on the west side of said Denison Street, South 02°38'40" East 
10.00 feet to intersect the south side of said 10 foot alley; thence binding on 
the south side of said 10 foot alley, South 87°20'40" West 317 feet, more or 
less, to intersect the easternmost extremeity of a 20 foot alley laid out 140.0 
feet south of said Clifton Avenue; thence binding on part of the easternmost 
extremity of said 20 foot alley, North 02°38'40" West 10.00 feet to intersect 
the north side of said 10 foot alley and thence binding on the north side of 
said 10 foot alley, North 87°20'40" East 317 feet, more or less, to the place 
of beginning. 

Beginning for Parcel No. 2 at a point formed by the intersection of the 
north side of a 20 foot alley laid out 140.0 feet south of Clifton Avenue, 76 
feet wide, as authorized to be widened under Ordinance No. 363, approved 
April 9, 1925 and the east side of Edgewood Street, 66 feet wide, and 
running thence binding on the north side of said 20 foot alley, North 
87°20'40" East 117 feet, more or less, to the westernmost extremity of a 10 
foot alley laid out 140.0 feet south of said Clifton Avenue; thence binding in 
part on the westernmost extremity of said 10 foot alley, in part on the 
easternmost extremity of said 20 foot alley, and in all, South 02°38'40" East 
20.00 feet to intersect the south side of said 20 foot alley, thence binding on 
the south side of said 20 foot alley, South 87°20'40" West 117 feet, more or 
less, to intersect the east side of said Edgewood Street and thence binding on 
the east side of said Edgewood Street, North 02°38'40 N West 20.00 feet to 
the place of beginning. 

The said 10 foot alley and 20 foot alley as directed to be condemned 
being more particularly described and referred to among the Land Records of 
Baltimore City and delineated and particularly shown on a plat numbered 340- 
A-12F w^ich was filed in the Office of the Department of Public Works on 
the Seventh (7th) day of May in the year 1991 and is now on file in said 
Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said 
highway or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned by the 
Mayor and City Council of Baltimore shall be and continue to be the property 
of the Mayor and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council of Baltimore, and 
in the event that any person, firm or corporation shall desire to remove, alter 
or interfere therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council of 
Baltimore, and shall in the application for such permission and permits agree 



52 



Ord. No. 37 



to pay all costs and charges of every kind and nature made necessary by such 
removal, alteration or interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said portion of said 
highway or highways after the same shall have been closed under the 
provisions of this Ordinance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, over which said 
buildings or structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City, and at the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad Tracks shall be taken 
to be "structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said 
highway or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by any person, 
firm or corporation, other than the Mayor and City Council of Baltimore, 
shall upon notice from the Director of Public Works of Baltimore City, be 
promptly removed by and at the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City Council of 
Baltimore, acting through its duly authorized representatives, shall, at all 
times, have access to said property and to all subsurface structures and 
appurtenances used by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without permission from or 
compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings 
of said Department of Public Works with reference to the condemnation and 
closing of said 10 foot alley and 20 foot alley and the proceedings and rights 
of all parties interested or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and all rules or 
regulations in effect which have been adopted by the Director of Public 
Works and filed with the Department of Legislative Reference. 



53 



Ord. No. 38 



SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved May 19, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 38 

(Council Bill No. 119) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - KENWOOD AVENUE 

FOR the purpose of repealing Ordinance No. 339, approved March 27, 1985, 
which provided for reserved handicapped parking on west side of 
Kenwood Avenue south of Federal Street for Katie Brace. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 339, approved March 27, 
1985, is hereby repealed and the authorization for reserved handicapped 
parking on the west side of Kenwood Avenue south of Federal Street for 
Katie Brace therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 19, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 39 
(Council Bill No. 241) 
A ORDINANCE concerning 

ISSUANCE OF REVENUE OBLIGATIONS FOR WATER PROJECTS 

54 



Ord. No. 39 



FOR the purpose of increasing the maximum aggregate principal amount of 
Revenue Obligations authorized to be issued by the Mayor and City 
Council of Baltimore pursuant to Ordinance No. 495, approved 
May 24, 1990, from not exceeding $75,000,000, to not exceeding 
$100,000,000. 

BY amending paragraph (A) of Section 2 of Ordinance No. 495 approved on 
May 24, 1990. 

RECITALS 

Ordinance No. 495, approved May 24, 1990, authorizes the issuance 
from time to time by the City of its Revenue Obligations in order to finance 
Water Facilities to be located within the geographical limits of the City's 
water system. 

Because of certain events that have occurred since the passage of the 
Ordinance which affect the aggregate principal amount of Revenue 
Obligations which may be required to be issued by the City in order to 
finance Water Facilities, including (without limitation) an increase in the 
number of Water Facilities which the City may desire to finance with the 
proceeds of the sale of Revenue Obligations, the City wishes to amend the 
Ordinance to increase to $100,000,000 the aggregate principal amount of its 
Revenue Obligations that may be issued under the Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That paragraph (A) of Section 2 of Ordinance 
No. 495, approved May 24, 1990, be and hereby is amended to read as 
follows: 

"A. The issuance, sale and delivery of an aggregate principal 
amount of Revenue Obligations not exceeding [Seventy-Five Million Dollars 
($75,000,000)] ONE HUNDRED MILLION DOLLARS ($100,000,000) is 
hereby authorized for the general public purposes of financing or refinancing 
the cost of the Financed Facilities and repaying the City for amounts 
expended on Financed Facilities in anticipation of the issuance of the Revenue 
Obligations. This maximum amount may consist of (i) Revenue Notes, (ii) 
Revenue Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue 
Bonds, and (v) any combination of items (i) to (iv), inclusive, above. Any 
Refunding Obligations issued hereunder to refund any Revenue Obligations 
previously issued hereunder shall replace that portion of the authorized 
amount of Revenue Obligations previously issued and shall not be deemed to 
reduce the maximum authorized amount of Revenue Obligations permitted to 



55 



Ord. No. 40 



be issued hereunder. In addition, (i) the payment of the principal of any 
Revenue Obligations previously issued, whether at maturity, upon redemption 
or otherwise, (ii) the purchase and cancellation of any Revenue Obligations or 
(iii) the provision for the payment of the principal of any Revenue Obligations 
in a manner which makes such Revenue Obligation no longer outstanding in 
accordance with the terms of the Administrative Resolution shall restore 
the principal amount of Revenue Obligations authorized to be issued 
hereunder by an amount equal to the principal amount of Revenue Obligations 
so paid, purchased and cancelled or otherwise provided for. The amount of 
any Credit Facility and any Revenue Obligation issued to evidence the 
indebtedness for borrowed money or the liability for such Credit Facility, 
shall not be deemed to reduce the maximum authorized amount of 
Revenue Obligations permitted to be issued hereunder. In connection with the 
issuance of capital appreciation Revenue Obligations, compound interest 
Revenue Obligations or similar types of Revenue Obligations, the principal 
amount of such Revenue Obligations issued pursuant to this Ordinance, for 
purposes of determining the remaining authorized amount of Revenue 
Obligations permitted to be issued hereunder, shall be the principal amount of 
such Revenue Obligations outstanding on the date of issuance thereof. " 

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance No. 
495, approved May 24, 1990, and as amended by this ordinance, shall 
continue to remain in full force and effect. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 8, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 40 

(Council Bill No. 242) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE OBLIGATIONS 
FOR WASTEWATER PROJECTS 



56 



Ord. No. 40 



FOR the purpose of increasing the maximum aggregate principal amount of 
Revenue Obligations authorized to be issued by the Mayor and City 
Council of Baltimore pursuant to Ordinance No. 496, approved 
May 24, 1990, from not exceeding $75,000,000, to not exceeding 
$100,000,000. 

BY amending paragraph (A) of Section 2 of Ordinance No. 496 approved on 
May 24, 1990. 

RECITALS 

Ordinance No. 496, approved May 24, 1990, authorizes the issuance 
from time to time by the City of its Revenue Obligations in order to finance 
Wastewater Facilities to be located within the geographical limits of the City's 
wastewater system. 

Because of certain events that have occurred since the passage of the 
Ordinance which affect the aggregate principal amount of Revenue 
Obligations which may be required to be issued by the City in order to 
finance Wastewater Facilities, including (without limitation) an increase in the 
number of Wastewater Facilities which the City may desire to finance with 
the proceeds of the sale of Revenue Obligations, the City wishes to amend the 
Ordinance to increase to $100,000,000 the aggregate principal amount of its 
Revenue Obligations that may be issued under the Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That paragraph (A) of Section 2 of Ordinance 
No. 496, approved May 24, 1990, be and hereby is amended to read as 
follows: 

"A. The issuance, sale and delivery of an aggregate principal 
amount of Revenue Obligations not exceeding [Seventy-Five Million Dollars 
($75,000,000)] ONE HUNDRED MILLION DOLLARS ($100,000,000) is 
hereby authorized for the general public purposes of financing or refinancing 
the cost of the Financed Facilities and repaying the City for amounts 
expended on Financed Facilities in anticipation of the issuance of the Revenue 
Obligations. This maximum amount may consist of (i) Revenue Notes, (ii) 
Revenue Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue 
Bonds, and (v) any combination of items (i) to (iv), inclusive, above. Any 
Refunding Obligations issued hereunder to refund any Revenue Obligations 
previously issued hereunder shall replace that portion of the authorized 
amount of Revenue Obligations previously issued and shall not be deemed to 
reduce the maximum authorized amount of Revenue Obligations permitted to 
be issued hereunder. In addition, (i) the payment of the principal of any 



57 



Ord. No. 41 



Revenue Obligations previously issued, whether at maturity, upon redemption 
or otherwise, (ii) the purchase and cancellation of any Revenue Obligations or 
(iii) the provision for the payment of the principal of any Revenue Obligations 
in a manner which makes such Revenue Obligation no longer outstanding in 
accordance with the terms of the Administrative Resolution shall restore the 
principal amount of Revenue Obligations authorized to be issued hereunder by 
an amount equal to the principal amount of Revenue Obligations so paid, 
purchased and cancelled or otherwise provided for. The amount of any 
Credit Facility and any Revenue Obligation issued to evidence the 
indebtedness for borrowed money or the liability for such Credit Facility, 
shall not be deemed to reduce the maximum authorized amount of Revenue 
Obligations permitted to be issued hereunder. In connection with the issuance 
of capital appreciation Revenue Obligations, compound interest Revenue 
Obligations or similar types of Revenue Obligations, the principal amount of 
such Revenue Obligations issued pursuant to this Ordinance, for purposes of 
determining the remaining authorized amount of Revenue Obligations 
permitted to be issued hereunder, shall be the principal amount of such 
Revenue Obligations outstanding on the date of issuance thereof." 

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance No. 
496, as amended herein of the Mayor and City Council of Baltimore, 
approved and effective May 24, 1990, shall continue to remain in full force 
and effect. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 8, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 41 

(Council Bill No. 17) 

AN ORDINANCE concerning 

ZONING CODE - MARINE PASSENGER TERMINALS 

For the purpose of deleting marine passenger terminals from the list of 

permitted uses in the B-5, M-2, and M-3 Zoning Districts and adding 

58 



Ord. No. 41 

them to the list of uses requiring on ordinonoo in thooo diotrioto 
authorization by the Board of Municipal and Zoning Appeals; and 
providing a transition period . 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Section 6.5-lb-2, 7.2-lb-56(e) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 30 - Zoning 

Section 6.5 Id 11, 7.2 loo 5, 7.3 loo 7 

Section 6.5-lc-6. 7.2-lc-16. 7.3-lc-7 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

6.5 B-5 Central Commercial District. 

1. Use Regulations. 

b. Permitted Uses. 

2. Marine terminals - [passenger and] freight 

d. Notwithstanding other provioiono of thio ordinonoo, tho 
following uooo as conditional uooo oholl require authorization by ordinonoo of 
tho Mayor and City Counoil oubjoot to tho requirements and provioiono of 
Sootion 11.0 6; 

1 1 . MARINE TERMINALS PASSENGER 

C;, Conditional Uses. 

6. MARINE TERMINALS - PASSENGER 



59 



Ord. No. 41 

Chapter 7 - Industrial Districts 

7.2 M-2 Industrial District. 

1. Use Regulations. 

b. Permitted Uses. 

56(e). Marine terminals - [passenger and] freight 

oo. Notwithotnnding other provioiono of thio ordinonoo, the 
following uooo as conditional uooo oh all require authorization by ordinance of 
tho Mayor and City Counoih 

5, MARINE TERMINALS PASSENGER 

Cj, Conditional Uses. 

16^ MARINE TERMINALS - PASSENGER 

7.3 M-3 Industrial District. 

1. Use Regulations. 

oo. Notwithstanding other provioiono of this ordinonoo, tho 
following uooo as conditional uooo shall require authorization by ordinonoo of 
tho Mayor and City Counoili 

7. MARINE TERMINALS PASSENGER 

Ci Conditional Uses. 

L MARINE TERMINALS - PASSENGER 

SEC. 2. AND BE IT FURTHER ORDAINED. That this ordinance 
shall not apply to any person who prior to the effective date of this ordinance 
applied for a certification of use permit or received a temporary use permit 
for a passenger marine terminal. 

SEC. 2 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



60 



Ord. No. 42 



CITY OF BALTIMORE 

ORDINANCE NO. 42 

(Council Bill No. 31) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 206-212 EAST 23RD STREET 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of an open off-street parking area on the properties 
known as 206-212 East 23rd Street, as outlined in red on the plats 
accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Section(s) 5.1-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking area 
on the properties known as 206-212 East 23rd Street as outlined in red on the 
plats accompanying this ordinance, under the provisions of Section(s) 5.1-ld 
and 11.0-6d of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



61 



Ord. No. 43 



Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 43 

(Council Bill No. 58) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 4513 EASTERN AVENUE 

FOR the purpose of authorizing the construction and maintenance of a fence 
and areaway projecting into the public right-of-way in front of 45 13 
Eastern Avenue. 

BY authority 

Article 32 - Building Code 

Subtitle - Article 5 - General Building Limitations 

Section 507.8 and 507.9 

Baltimore City Building Code (1990 edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the construction and maintenance of an 
areaway and a surrounding fence, approximately 8 feet 4 inches wide and 
extending into the right-of-way approximately 5 feet, are hereby authorized in 
front of 4513 Eastern Avenue. Except as in this ordinance specifically 
provided, all ordinances and rules and regulations of the Mayor and City 
Council of Baltimore shall be complied with in the construction and use of the 
areaway and the surrounding fence. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



62 



Ord. No. 44 



CITY OF BALTIMORE 

ORDINANCE NO. 44 

(Council Bill No. 60) 

AN ORDINANCE concerning 

SOLID WASTE OBLIGATIONS - $25,000,000 

FOR the purpose of authorizing and providing for the issuance, sale and 

delivery, by the Mayor and City Council of Baltimore of its revenue 
bonds, notes or other obligations, to be used to provide funds for the 
financing of solid waste facilities, designated Solid Waste Revenue 
Bonds, Solid Waste Revenue Notes, or Solid Waste Revenue Bond 
Anticipation Notes, as the case may be (collectively, the "Revenue 
Obligations"), in the aggregate principal amount not exceeding 
$25,000,000 pursuant to the provisions of Subsection (50) of Article II 
of the Charter of Baltimore City (1964 Revision, as amended), and 
Article 31, Section 12 of the Annotated Code of Maryland (1990 
Replacement Volume and 1991 Cumulative Supplement), in order to 
use the proceeds for the public purpose of (a) financing in whole or in 
part, the establishment, construction, erecting, repairing, maintaining, 
operating, controlling and regulating of solid waste facilities for the 
City of Baltimore, (b) funding capitalized interest on such Revenue 
Obligations to the extent deemed necessary and in accordance with 
any limitation on the period for such funding established by law, (c) 
paying the costs of issuance, as defined herein, and all other related 
costs of such Revenue Obligations and (d) funding any reserve funds, 
including reserves for such Revenue Obligations, created by this 
Ordinance and the Board of Finance Resolution (as defined herein); 
authorizing and providing for the refunding, renewal or refinancing 
from time to time by the City of the Revenue Obligations in whole or 
in part, pursuant to the provisions of Section 24 of Article 31 of the 
Annotated Code of Maryland, by the issuance of refunding, renewal 
or refinancing bonds, notes or other obligations, as the case may be 
(collectively "Refunding Obligations"); authorizing the use of the 
proceeds of any Refunding Obligations for the public purposes of (a) 
refunding any outstanding Revenue Obligations, including the payment 
of any redemption premium thereon, (b) paying the costs of issuance 
of such Refunding Obligations and (c) funding any reserve funds for 
the Refunding Obligations including reserves for the payment of 
interest thereon, created pursuant to this Ordinance and Board of 



63 



Ord. No. 44 



Finance Resolution; making certain legislative findings, among others, 
concerning the public benefit and purpose of such Revenue 
Obligations providing that (a) such Revenue Obligations and 
Refunding Obligations shall be payable solely and only from (i) 
Pledged Revenues (as defined in this Ordinance), (ii) amounts in any 
reserve fund established by the Board of Finance for the payment of 
the principal of, premium on, if any, and interest on the Revenue 
Obligations and Refunding Obligations, including investment earnings 
on any such fund (to the extent provided by the Board of Finance), 
(iii) unexpended proceeds of the Revenue Obligations, including 
investment earnings on such proceeds (to the extent provided by the 
Board of Finance), and (iv) other amounts legally available therefor, 
and (b) such Revenue Obligations shall not ever constitute, within the 
meaning of Section 7 of Article XI of the Constitution of Maryland or 
any other constitutional, statutory or charter provision or otherwise (i) 
a debt or general obligation of the City, the State of Maryland, or any 
other subdivision of the State of Maryland or (ii) a pledge of or an 
involvement of the faith and credit or the taxing powers of the City, 
the State of Maryland, or any other subdivision of the State of 
Maryland; authorizing and empowering the Board of Finance of the 
City by resolution (a) to determine and set forth certain matters 
pertaining to the Revenue Obligations and Refunding Obligations, 
including (without limitation) the form, terms, provisions (including 
redemption provisions and sinking funds requirements, if any), 
manner or method of issuing and selling (including negotiated as well 
as competitive bid sale), and the time or times of issuance and any and 
all other details of such Revenue Obligations and Refunding 
Obligations, (b) to do any and all things necessary, proper or 
expedient in connection with the issuance and sale of such Revenue 
Obligations and Refunding Obligations, to prepare and distribute 
preliminary and final official statements or preliminary and final 
placement memoranda or circulars in connection with the sale of such 
Revenue Obligations and Refunding Obligations, to determine the 
dates, times and places when underwriting or placement agreements or 
purchase agreements shall be submitted by the underwriters or 
placement agents for such Revenue Obligations and Refunding 
Obligations or the purchasers of such Revenue Obligations and 
Refunding Obligations and to determine certain of the terms of such 
agreements, to determine the interest rate or rates to be paid by the 
City on such Revenue Obligations and Refunding Obligations and to 
appoint a trustee for such Revenue Obligations and Refunding 
Obligations, and (c) to approve the form of trust agreements between 
the City and the trustee, which trust agreements may (i) pledge or 



64 



Ord. No. 44 



assign all or any part of the security for such Revenue Obligations and 
Refunding Obligations, (ii) contain reasonable and proper provisions 
for the protection and enforcement of the rights and remedies of the 
holders of such Revenue Obligations and Refunding Obligations, (iii) 
set forth the rights and remedies of the holders of such Revenue 
Obligations and Refunding Obligations and of the trustee and restrict 
the individual right of action by the holders of such Revenue 
Obligations and Refunding Obligations, and (d) contain whatever other 
provisions are deemed reasonable and proper for the security of the 
holders of such Revenue Obligations and Refunding Obligations; 
providing that the Revenue Obligations and Refunding Obligations 
may be issued in one or more series as the Board of Finance by 
resolution may provide; and generally providing for and determining 
various matters in connection with the authorization, issuance, 
security, sale and payment of such Revenue Obligations and 
Refunding Obligations. 

RECITALS 

A. For convenience of reference, Mayor and City Council of 
Baltimore, a body corporate and politic of the State of Maryland, is 
hereinafter sometimes referred to as the "City". 

B. Subsection (50) - Revenue Bonds and Obligations, of Article II 
of the Charter of Baltimore City (1964 Revision, as amended) ("Subsection 
(50)") authorizes the City to borrow money through the issuance and sale of 
its bonds, notes or other obligations (including refunding bonds, notes or 
other obligations) for the accomplishment of any of the purposes, objects and 
powers of the City. Revenue bonds, notes and other obligations issued 
pursuant to Subsection (50) shall be payable, as to both principal and interest, 
solely from and secured solely by (i) the revenues from or arising in 
connection with the property, facilities, developments and improvements 
whose financing is undertaken by issuance of the obligations, (ii) the revenues 
from or arising in connection with any contracts, mortgages or other 
securities purchased or otherwise acquired with the proceeds of the 
obligations, (iii) the contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of the obligations, or (iv) any 
:ombination of (i), (ii) or (iii). 

C. Subsection (50) further authorizes the City to authorize and 
empower the Commissioners of Finance of the City (pursuant to Resolution 
13 of Mayor and City Council of Baltimore, approved by the Mayor August 
14, 1978, adopted by referendum on November 7, 1978, the powers of the 



65 



Ord. No. 44 



Commissioners of Finance were vested in the Board of Finance, and 
hereinafter "Board of Finance" shall designate the former Commissioners of 
Finance) by resolution (i) to determine and set forth certain matters pertaining 
to such bonds, notes or other obligations, including (without limitation) the 
form, terms, provisions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times of issuance 
and any and all other details of such bonds, notes, or other obligations, (ii) to 
do any and all things necessary, proper or expedient in connection with the 
issuance and sale of such bonds, notes or other obligations, and (iii) to 
approve the form of a trust agreement between the City and the trustee, which 
trust agreement may (a) pledge or assign all or any part of the security for 
such bonds, notes or other obligations, (b) contain reasonable and proper 
provisions for the protection and enforcement of the rights and remedies of 
the holders of such bonds, notes or other obligations, (c) set forth the rights 
and remedies of the holders of such bonds, notes or other obligations and of 
the trustee and restrict the individual rights of action by the holders of the 
bonds, notes or other obligations and (d) contain whatever other provisions 
are deemed reasonable and proper for the security of the holders of such 
bonds, notes or other obligations. 

D. Article 31, Section 12 of the Annotated Code of Maryland 
(1990 Replacement Volume and 1991 Cumulative Supplement) (the "Bond 
Anticipation Note Enabling Act") authorizes and empowers the City to 
borrow money in anticipation of the issuance of revenue obligations 
authorized for any proper public purpose and to evidence such borrowing by 
the issuance and sale of its bond anticipation notes in an aggregate amount not 
greater than the authorized amount of the obligations in anticipation of the 
sale of which the notes are issued and sold. The Bond Anticipation Note 
Enabling Act provides that such notes shall be payable as to interest and 
principal from the first proceeds of the obligations in anticipation of the sale 
of which such notes are issued, or from the tax or other revenue which the 
City shall previously determine to apply to the payment of the bonds and the 
interest thereon. The Bond Anticipation Note Enabling Act further authorizes 
and empowers the City to pay twelve months* interest on the notes, or any 
renewal thereof, from the proceeds of the notes. The Bond Anticipation Note 
Enabling Act authorizes the sale of any notes to be issued pursuant to such 
Act by public sale or by private negotiation with prospective purchasers, if 
such negotiated sale is deemed by the City to be in the best interest of the 
City. The Bond Anticipation Note Enabling Act authorizes the renewal at 
maturity of bond anticipation notes issued thereunder, with or without resale. 

E. Article 3 1 , Section 24 of the Annotated Code of Maryland 
(1990 Replacement Volume and 1991 Cumulative Supplement) (the 



66 



Ord. No. 44 



"Refunding Bond Enabling Act") authorizes and empowers the City to issue 
and sell refunding obligations for the purpose of refunding any of its 
obligations then outstanding, provided that the public purpose of realizing 
savings in the effective costs of debt service to the City is achieved. Such 
savings may be a direct result of the refunding or may result from a reduction 
in debt service effectuated through a debt restructuring. The City may, at a 
public meeting, determine that any refunding obligations be sold on a 
negotiated basis without the solicitation of bids. 

F. The City has determined to issue and sell in an amount not to 
exceed $25,000,000 aggregate principal amount of its Revenue Obligations 
and to use the proceeds of the said obligations to finance solid waste facilities 
and to pay the costs of issuance and the creation of reserve funds for the 
Revenue Obligations, including reserves for the payment of interest on the 
Revenue Obligations. 

G. The City proposes to spend the proceeds of any Refunding 
Obligations hereby authorized for the general public purposes of paying, 
prepaying, refunding, refinancing or restructuring the debt evidenced by the 
Revenue Obligations issued pursuant to this Ordinance, which repayment may 
include the payment of any premium on such obligations, the payment of 
costs of issuance and the creation of reserve funds for the Refunding 
Obligations, including reserves for the payment of interest on the Refunding 
Obligations. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is hereby found and determined, as 
follows: 

(1) The City finds that current City landfills are 
substantially filled to capacity and that there is a pressing need for the City to 
construct additional solid waste facilities in order to protect the public health 
and welfare. 

(2) The issuance of Revenue Obligations by the City to 
construct additional solid waste facilities will promote and protect the public 
health and welfare. 

(3) The accomplishment of the transactions contemplated 
and authorized by this Ordinance will serve a public purpose and meet 
existing public needs by fulfilling the need for additional solid waste facilities. 



67 



Jrd. No. 44 



(4) Revenue Obligations issued under this Ordinance do 
not constitute, within the meaning of Section 7 of Article XI of the 
Constitution of Maryland or any other constitutional, statutory or charter 
provision, (i) a debt or general obligation of the City, the State of Maryland 
or any other subdivision of the State of Maryland or (ii) a pledge of or an 
involvement of the faith and credit or the taxing powers of the City, the State 
of Maryland, or any other subdivision of the State of Maryland. The 
principal of and interest on the Revenue Obligations shall be payable from, 
and secured by, (i) the revenues from or arising in connection with the solid 
waste facilities financed by the Revenue Obligations (as determined by 
resolution of the Board of Finance adopted pursuant to this Ordinance) all 
such income or payments called the "Pledged Revenues", (ii) amounts in any 
reserve fund established by the Board of Finance for payment of the principal 
of, premium on, if any, and interest on the Revenue Obligations including any 
investment earnings on any such fund (to the extent provided by the Board of 
Finance), (iii) unexpended proceeds of the Revenue Obligations, including 
investment earnings on such proceeds (to the extent provided by the Board of 
Finance) and (iv) other amounts legally available therefor. The Revenue 
Obligations may be additionally secured (without in any way specifying or 
limiting the terms of such additional security) by such other security as the 
Board of Finance may legally by resolution approve. 

The proceeds of the Revenue Obligations will be paid directly 
to, and will be disbursed by, the independent trustee or trustees appointed by 
the Board of Finance pursuant to this Ordinance (the "Trustee"). No such 
moneys will be either commingled with the City's general funds or made 
subject to the absolute control of the City, except for such limited supervision 
and checks as are deemed necessary or desirable by the City to insure that the 
proceeds of the Revenue Obligations are used to accomplish the public 
purpose of this Ordinance. The public purposes expressed in this Ordinance 
are intended to be achieved by the financing and construction of additional 
solid waste facilities. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the issuance, 
sale and delivery of Revenue Obligations in an amount not exceeding 
$25,000,000 aggregate principal amount of Revenue Obligations, hereby 
designated Solid Waste Revenue Bonds, Solid Waste Revenue Notes, or Solid 
Waste Revenue Anticipation Notes, as the case may be, are hereby 
authorized, subject to the provisions of this Ordinance, for the general public 
purposes of financing solid waste facilities as set forth in this Ordinance. 
This maximum amount may consist of (i) Revenue Bonds, (ii) Revenue Notes, 
(iii) Revenue Anticipation Notes, or (iv) any combination of (i), (ii) and (iii). 



68 



Ord. No. 44 



SEC. 3. AND BE IT FURTHER ORDAINED, That the net proceeds 
from the sale of Revenue Obligations, authorized to be issued and sold by this 
Ordinance,, shall be used and applied for the public purposes of (i) financing, 
in whole or in part, the cost of solid waste facilities, (ii) paying the cost of 
issuance and sale of the Revenue Obligations, including (without limitation) 
costs of printing the Revenue Obligations, the official statement and other 
legal documents, costs of delivery of the Revenue Obligations, commitment 
fees, legal fees, accounting fees, fees and expenses of the Trustee, 
underwriting costs, advertising costs, costs of rating agency reviews and all 
other incidental related expenses, (iii) funding capitalized interest on any 
series of Revenue Obligations to the extent deemed necessary and in 
accordance with any limitation on the period for such funding established by 
law, and (iv) (to the extent provided by resolution of the Board of Finance 
adopted pursuant to this Ordinance) to fund a debt service reserve or other 
reserve funds for the Revenue Obligations. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the Revenue 
Obligations shall be solely and exclusively payable from the (i) Pledged 
Revenues, (ii) amounts in any reserve fund established by the Board of 
Finance for payment of the principal of, premium on, if any, and interest on 
the Revenue Obligations, including any investment earnings on any such fund 
(to the extent provided by the Board of Finance), (iii) unexpended proceeds of 
the Revenue Obligations, including investment earnings on such proceeds (to 
the extent provided by the Board of Finance) and (iv) other amounts legally 
available therefor. Additionally, the Board of Finance may require that the 
Revenue Obligations be additionally secured by (i) insuring the Revenue 
Obligations through public or private bond insurance provided by one or more 
public or private bond insurers selected by the Board of Finance, or through 
one or more letters of credit, lines of credit or standby bond purchase 
agreements issued or entered into by one or more banks or financial 
institutions selected by the Board of Finance; or (ii) such other security as the 
Board of Finance may approve; or (iii) any combination of (i) and (ii). The 
aggregate principal amount of Revenue Obligations issued, sold and delivered 
pursuant to this Ordinance shall not exceed $25,000,000 unless such amount 
shall be increased by an Ordinance of the City supplemental hereto. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the City hereby 
authorizes the Board of Finance, unless the City shall otherwise prescribe 
prior to the issuance and delivery of the Revenue Obligations, by resolution to 
take the following actions and to make the following commitments on behalf 
of the City: 



69 



Ord. No. 44 



(1) to determine and set forth the form, terms, provisions 
(including redemption provisions and sinking fund requirements, if any), 
manner or method of issuing and selling (including negotiated or competitive 
bid sale) and the time or times of issuance, selection of the underwriters or 
placement agents, and any and all other details of the Revenue Obligations; 

(2) to prepare and distribute, in conjunction with the 
prospective underwriters or placement agents, if any, for the Revenue 
Obligations, preliminary and final official statements or placement memoranda 
or circulars as the Board of Finance deems necessary and appropriate in 
connection with the sale of the Revenue Obligations; provided, however, that 
any such preliminary official statements or placement memoranda or circulars 
shall be clearly marked to indicate that they are subject to completion and 
amendment; 

(3) to determine the dates, times and places when an 
underwriting or placement agreement or purchase contract shall be submitted 
by the underwriters or placement agents for the Revenue Obligations or 
purchasers of the Revenue Obligations, such underwriting or placement 
agreement or purchase contract to specify the interest rate or rates proposed 
to be paid on the Revenue Obligations, the price at which such Revenue 
Obligations are to be sold to such underwriters, the placement agents or 
purchasers as the Board of Finance may deem necessary or desirable in order 
to effect the sale and delivery of the Revenue Obligations; 

(4) to prescribe the principal amount, rate or rates of 
interest, denomination or denominations, date, maturity or maturities for the 
Revenue Obligations; 

(5) to appoint, as the Board of Finance deems necessary 
and appropriate, a bank having trust powers, or a trust company, as trustee 
for the Revenue Obligations to be issued pursuant to this Ordinance; and 

(6) to approve the form of trust agreement between the 
City and the Trustee, which trust agreement may (i) pledge or assign all or 
any part of the security for the Revenue Obligations, (ii) contain reasonable 
and proper provisions for the protection and enforcement of the rights and 
remedies of the Bondholders, (iii) set forth the rights and remedies of the 
Bondholders and the Trustee and may restrict the individual right of action by 
the Bondholders, (iv) permit the assignment of the City's obligations under 
the trust agreement and the Pledged Revenues as is in the public interest, and 
(v) contain whatever other provisions are deemed reasonable and proper for 
the security of the Bondholders; and 



70 



Ord. No. 44 



(7) to perform any and all actions necessary or deemed 
appropriate by such Board in order to effect the issuance, sale and delivery of 
the Revenue Obligations in accordance with and pursuant to this Ordinance 
and the underwriting or placement agreements or purchase contracts for the 
Revenue Obligations. 

SEC. 6. AND BE IT FURTHER ORDAINED, That, prior to the 
sale of the Revenue Obligations, the Board of Finance, unless the City shall 
otherwise prescribe, may determine by resolution: 

(1) the provisions of the trust agreement between the City 
and the Trustee; 

(2) the manner of execution, authentication, registration 
and transfer of the Revenue Obligations; 

(3) provisions for authentication and delivery of the 
Revenue Obligations; 

(4) the terms of the private insurance, public insurance or 
other security for the Revenue Obligations, if any; 

(5) provisions for creation, holding and disbursement of a 
construction fund to be held by the Trustee or otherwise held in connection 
with the Revenue Obligations; 

(6) provisions for creation, holding and disbursement of 
any other funds and accounts to be held by the Trustee; 

(7) provisions for the security for and investment of 
moneys and securities held by the Trustee; 

(8) the details of the procedure for the redemption of the 
Revenue Obligations; 

(9) remedies for Bondholders in the event of default; 

(10) the duties, rights and immunities of the Trustee; 

(11) the manner of execution of instruments by Bondholders 
and the method of proof of ownership of the Revenue Obligations; 

(12) provisions for modification of this Ordinance; 

71 



Ord. No. 44 



(13) provisions for defeasance of the Revenue Obligations; 

(14) the forms of the Revenue Obligations, and the 
Trustee's authentication certificate; and 

(15) such other matters in connection with the transactions 
contemplated herein as may be deemed appropriate by the Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
Ordinance shall be deemed to be of an administrative nature. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the Board of 
Finance is hereby authorized to refund or advance refund the Revenue 
Obligations, at any time or from time to time, through the issuance of 
refunding bonds, refunding notes or other refunding obligations, as the case 
may be. Refunding Obligations shall be issued pursuant to one or more 
resolutions adopted by the Board of Finance, which resolution(s) shall specify 
(i) the terms and conditions upon which the Refunding Obligations will be 
issued, (ii) the plan or method by which the Revenue Obligations will be 
refunded, and (iii) such other matters as the Board of Finance shall deem 
necessary or advisable to determine by resolution including, but not limited 
to, the powers enumerated in Section 5 and Section 6 herein pertaining to 
Revenue Obligations. It is hereby expressly provided that the issuance of 
Refunding Obligations hereunder shall not be subject to any dollar limitations 
set forth in this Ordinance; provided, however, that the proceeds of such 
Refunding Obligations shall be used solely to refund Revenue Obligations and 
pay costs associated therewith (including, without limitation, the costs of 
issuing such Refunding Obligations). 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Board of 
Finance is hereby authorized and empowered to adopt one or more resolutions 
from time to time, either before or after the issuance, sale and delivery of the 
Revenue Obligations and Refunding Obligations, to supplement the resolution 
or resolutions referred to in the provisions of Sections 5, 6 and 7 hereof, and 
thereby approve amendments or supplements to or substitutes for the forms 
and provisions of the Revenue Obligations, the Refunding Obligations, any 
trust agreement or similar agreements and all other documents approved by 
such resolution or resolutions, provided that each supplemental resolution and 
each amendment, supplement or substitute shall be in accordance with the 
provisions of the Ordinance and the documents executed in connection with 
the Revenue Obligations and the Refunding Obligations and then in effect. 



72 



Ord. No. 44 



SEC. 9. AND BE IT FURTHER ORDAINED, That the Board of 
Finance may approve the issuance of and that the Revenue Obligations and 
Refunding Obligations may be issued in one or more series from time to time 
as the Board of Finance by resolution, adopted pursuant to this Ordinance, 
deems necessary or appropriate. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the City 
hereby covenants that it will pay the principal of, the premium on, if any, and 
the interest on any Revenue Obligations in the nature of bond anticipation 
notes or Refunding Obligations in the nature of bond anticipation notes from 
the proceeds of the obligations in anticipation of the sale of which the 
Revenue Obligations or Refunding Obligations were issued hereunder when, 
and as soon as, the reason for deferring their issuance no longer exists; but in 
any event, in sufficient time to permit the payment of the Revenue Obligations 
or Refunding Obligations at maturity or extended maturity. 

SEC. 11. AND BE IT FURTHER ORDAINED, That, although this 
Ordinance provides for, and the Board of Finance by resolution may provide 
for, a pledge of the Pledged Revenues with respect to the Revenue 
Obligations, nothing in this Ordinance shall be deemed to preclude a pledge, 
with respect to the Revenue Obligations and Refunding Obligations, of 
revenues of and amounts held in other funds, accounts, facilities or 
arrangements if authorized by applicable law. 

SEC. 12. AND BE IT FURTHER ORDAINED, That, if any action 
on any matter delegated to the Board of Finance, or authorized for 
implementation by the Board of Finance shall not be acted upon by the Board 
of Finance, such actions and matters may be acted upon or implemented by a 
resolution, approved by the City Council of the City, which is subsequently 
approved by the Mayor or acting Mayor of the City. 

SEC. 13. AND BE U FURTHER ORDAINED, That the provisions 
of this Ordinance are severable, and if any provision, sentence, clause, 
section or part thereof is held illegal, invalid or unconstitutional or 
inapplicable to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts of this Ordinance 
or its application to other persons or circumstances. It is hereby declared to 
be the legislative intent that this Ordinance would have been adopted if such 
illegal, invalid or unconstitutional provision, sentence, clause, section or part 
had not been included therein, and if the person or circumstances to which 
this Ordinance or any part thereof is inapplicable had been specifically 
exempted therefrom. 



73 



Ord. No. 45 



SEC. 14. AND BE IT FURTHER ORDAINED, That in the 
construction of this Ordinance the singular number shall include the plural 
number and the plural the singular. 

SEC. 15. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 45 

(Council Bill No. 61) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 125 N. HILTON STREET 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell at either public or private sale all of the interest of the Mayor and 
City Council of Baltimore in and to a certain parcel of land and 
improvements located at 125 N. Hilton Street, Baltimore, Maryland, 
said parcel of land and improvements being no longer needed for 
public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore City be and 
she is hereby authorized to sell, at either public or private sale in accordance 
with Article V, Section 5(b) of the City Charter (1964 Revision, as amended), 
all of the interest of the Mayor and City Council of Baltimore in and to a 
certain parcel of land and improvements situate in Baltimore, Maryland, and 
described as follows: 

Beginning for the same at a point on the east side of Hilton Street, 75 
feet wide, distant North 02° 2V 15" West 255.55 feet measured along the 



74 



Ord. No. 45 



east side of said Hilton Street from the northwest side of Phelps Lane, 50 feet 
wide, said point of beginning being the beginning of the second line of the 
parcel of land conveyed by The Quantico Realty Company to Louise A. 
Williams by deed dated June 15, 1972 and recorded among the Land Records 
of Baltimore City in Liber R. H. B. No. 2919, Folio 378, and running thence 
binding on the east side of said Hilton Street, North 02° 21* 15" West 566.09 
feet to the northwest outline of Lot 1 as shown on a plat entitled "Final 
Subdivision of No. 125/139 N. Hilton Street and Lot 12 of Block 2222-B" 
dated April 3, 1991 and recorded among the Plat Records of Baltimore City 
in Plat Record S.E.B. No. 3393; thence binding on the northwest outline of 
said Lot 1, North 45° 03' 11" East 453.70 feet; thence binding on the 
division line between said Lot 1 and Lot 2 as shown on said plat the three 
following courses and distances; namely, South 44° 56' 49" East 403.26 feet, 
South 45° 03' 11" West 109.92 feet and South 44° 56' 49" East 25.91 feet to 
intersect a chain link fence, there situate; thence binding on said chain link 
fence and on the division line between said Lot 1 and Lot 2 as shown on said 
plat, there situate, the six following courses and distances; namely, South 45° 
39' 50" West 65.22 feet, South 28° 24' 45" East 74.38 feet, South 13° 09' 
50" West 41.18 feet, South 05° 44' 05" East 33.28 feet, South 44° 18' 35" 
East 48.63 feet and South 54° 48' 15" East 17.10 feet to intersect the 
Dorthwest side of said Phelps Lane; thence binding on the northwest side of 
said Phelps Lane, South 45° 39' 00" West 548.72 feet to the beginning of the 
second line of the parcel of land conveyed by Samuel Paone and Howard A. 
Wein to Bridget L. Jones by deed dated June 17, 1987 and recorded among 
said Land Records in Liber S.E.B. No. 1366, Folio 83; thence binding in part 
an the second line of last said deed, in part on the northeast side of an alley, 
10 feet wide, in part reversely on the third line of the deed mentioned firstly 
herein, and in all, as now surveyed, North 44° 56' 49" West 155.21 feet, and 
thence binding reversely on the second line of the deed mentioned firstly 
tierein, as now surveyed, South 87° 38' 45" West 51.90 feet to the place of 
beginning. 

Containing 381,186.01 square feet or 8.7508 acres of land, more or 
less. 

All courses and distances in the above description are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

Being known and designated as Lot 1 on a plat entitled "Final 
Subdivision of No. 125/139 N. Hilton Street and Lot 12 of Block 2222-B", 
dated April 3, 1991 and record among the Plat Records of Baltimore City in 
Plat Record S.E.B. No. 3393. 



75 



Orel. No. 46 



Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been first 
approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 46 

(Council Bill No. 69) 

AN ORDINANCE concerning 

REZONING - N. EUTAW STREET AND DRUID HILL AVENUE 

FOR the purpose of changing the zoning for the properties located southwest 
of Druid Hill Avenue and west of N. Eutaw Street, from the B-5-1 
Zoning District to the B-4-1 Zoning District as outlined in red on the 
plat accompanying this ordinance?,, and from the R 9 Zoning Distriot 
to the B 4 1 Zoning Diotriot no outlined in groon on the plat 
aooomponying this ordinanoot 

BY amending Zoning District Maps 
Sheet No. 55 
Article 30 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 55 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by changing the 
zoning for the properties located southwest of Druid Hill Avenue and west of 
N. Eutaw Street from the B-5-1 Zoning District to the R-4-1 Zoning District 
as outlined in red on the plat accompanying this ordinance., and from the R 9 



76 



Ord. No. 47 

Zoning Diotriot to tho B 4 1 Zoning Diotriot m outlined in green on tho plat 
aooompanying thio ordinnnoe . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 47 



(Council Bill No. 71) 
AN ORDINANCE concerning 

SUPPLEMENTARY REVENUE LOAN FUND CAPITAL 

APPROPRIATION - DEPARTMENT OF PUBLIC WORKS - 

S 8 .000.000 $9.000.000 

FOR the purpose of providing a supplementary Revenue Loan Fund Capital 
appropriation in the amount of $ 8 ,000,000 $9.000.000 to the 
Department of Public Works (Account No. 9948-517-030) for 
construction of Cell No. 6 - Phase I - Quarantine Road Landfill. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 



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Ord. No. 47 



WHEREAS, The money appropriated herein represents funding from 
Solid Waste Revenue Bond proceeds in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1992 fiscal year, and said money 
is therefore available for appropriation to the Department of Public Works 
pursuant to the provisions of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Revenue Loan Fund Capital 
appropriation has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 13th day of 
February, 1992, all in accordance with Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $ 8 ,000,000 $9.000.000 shall be made available to the Department of 
Public Works (Account No. 9948-517-030) as a supplementary Revenue Loan 
Fund Capital appropriation for the Fiscal Year ending June 30, 1992 for the 
construction of Cell No. 6 - Phase I - Quarantine Road Landfill which could 
not reasonably be anticipated at the time of formulation of the proposed Fiscal 
1992 Ordinance of Estimates. The amount thus made available as a 
supplementary Revenue Loan Fund Capital appropriation shall be provided 
from Solid Waste Revenue Bond proceeds in excess of the amount from this 
source which was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 1992 fiscal 
year; and said funds from said Solid Waste Revenue Bond proceeds shall be 
the source of revenue for this supplementary Revenue Loan Fund Capital 
appropriation as required by Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



78 



Ord. No. 48 



CITY OF BALTIMORE 

ORDINANCE NO. 48 

(Council Bill No. 164) 

AN ORDINANCE concerning 

ZONING - AMENDMENT TO PLANNED UNIT DEVELOPMENT 
MARINER HEALTH CARE, INC. 

FOR the purpose of approving the application of Mariner Health Care, Inc. to 
amend the Residential Planned Development approved by Ordinance 
No. 767, approved December 6, 1974, as amended by Ordinance No. 
89, approved June 11, 1984 and further amended by Ordinance No. 
211, approved December 15, 1988; and to approve the amended 
Development Plan submitted by Mariner Health Care, Inc. 

BY authority of 

Article 30 - Zoning 

Chapter 12 - Planned Developments 

Sections 12.0-1 and 12.0-2 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, By Ordinance No. 767, approved December 6, 1974, the 
application of the North Charles Hospital to have the property generally 
bounded by North Charles Street on the east, 27th Street on the south, 
Morton Street on the west, 28th Street on the north, and including the 
properties generally known as 2609-2621 North Charles Street on the east 
side of Charles Street and 2614-2628 North Charles Street on the west side of 
Charles Street (all the properties are hereinafter referred to as the "Property") 
designated a Residential Planned Development in accordance with Section 
12.0-1 of Article 30 of the Baltimore City Code (1966 Edition), as amended 
by Ordinance No. 1051, approved April 20, 1971 and the Development Plan 
submitted by North Charles General Hospital were approved; and 

WHEREAS, Ordinance No. 89, approved June 11, 1984, approved 
the application of North Charles General Hospital to amend the Development 
Plan to permit the construction of a parking garage on the property known as 
2614-2628 North Charles Street; and 

WHEREAS, Ordinance No. 211, approved December 15, 1988, 
approved the application of Home wood Hospital Center, Inc. to amend the 



79 



Ord. No. 48 



Development Plan to permit the construction of a medical office building on 
the property known as 2700 through 2712 N. Charles Street; and 

WHEREAS, Mariner Health Care, Inc. is the contract purchaser of 
the Property from Home wood Hospital Center, Inc. and wishes to amend the 
Development Plan in order to develop and use the Property as a convalescent, 
nursing and rest home and other uses; and 

WHEREAS, On April 1, 1992, representatives of Mariner Health 
Care, Inc. met with the Department of Planning of Baltimore City to hold a 
pre-petition conference to explain the scope and nature of the proposed 
amendment to the Development Plan; and 

WHEREAS, Mariner Health Care, Inc. hereby makes formal 
application to the City Council of Baltimore City and together herewith has 
submitted the requisite amended Development Plan, prepared by Gould 
Architects, P. A., and consisting of the following: Cover Sheet; Sheet 1 - 
Existing Conditions and PUD Boundary Plan, dated April 8, 1992; Sheet 2 - 
Preliminary Site Plan, dated April 8 , 1992; Shoot 3 — Elovationo> dated April 
Sr -Plan. dated April 24, 1992 and revised May 4. 1992: Sheet 3 - Elevations, 
dated April 24. 1992 and revised May 4. 1992 : and Sheet 4 - Floor Plans 
dated April 8, 1992, intended to satisfy the requirements specified in Sections 
12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the application of Mariner Health Care, 
Inc., to amend the Residential Planned Development approved by Ordinance 
No. 767, approved December 6, 1974, amended by Ordinance No. 89, 
approved June 11, 1984 and further amended by Ordinance No. 211, 
approved December 15, 1988, pursuant to Article 30, Sections 12.0-1 and 
12.0-2 of the Baltimore City Code (1983 Replacement Volume, as amended) 
be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the amended 
Development Plan submitted by Mariner Health Care, Inc., prepared by 
Gould Architects, P. A., and consisting of the following: Cover Sheet; Sheet 

1 - Existing Conditions and PUD Boundary Plan, dated April 8, 1992; Sheet 

2 - Preliminary Site Plan, dated April S| 1992 24. 1992 and revised May 4. 
1992 : Sheet 3 - Elevations, dated April 8 , 1992 24. 1992 and revised May 4. 
1992 : and Sheet 4 - Floor Plans, all of which are attached hereto and made a 
part hereof, be and it is hereby approved. 



80 



Ord. No. 48 



SEC. 3. AND BE IT FURTHER ORDAINED, That in accordance 
with the provisions of Section 12.0-2(a), the following uses are permitted 
within the Residential Planned Development: convalescent, nursing and rest 
home with a maximum of 146 beds; day nuroorioo» nuroory oohoolo and group 
adult and/or child day care centers; hospital; laboratories - medical and 
dental; medical and dental clinics; offiooo — buoinooo, govornmo atel business 
offices related to health care services and equipment: and professional offices : 
pharmacy, florist shop, gift and card shop and similar personal service shops 
primarily for the occupants of the Property, which shops shall not have a 
separate exterior entrance to the Property; optician sales; and physical culture 
and health services. 

SEC. 4. AND BE IT FURTHER ORDAINED. That in accordance 
with the provisions of Section 12.0-2(a). the following uses are authorized as 
conditional uses within the Residential Planned Development only if first 
approved by the Board of Municipal and Zoning Appeals in accordance with 
the requirements and provisions of Section 11.0-3c of the Zoning Ordinance 
for the approval of conditional uses: business offices not related to health 
care services and equipment: and governmental offices. 

SEC. 5. AND BE IT FURTHER ORDAINED. That Mariner Health 
Care. Inc. shall consult with the Charles Village Civic Association. Inc.. prior 
to any medical and/or dental clinic being established within the Residential 
Planned Development. 

SEC. 6. AND BE IT FURTHER ORDAINED. That the following 
uses as conditional uses within the Residential Planned Development shall 
require authorization bv ordinance of the Mayor and City Council subject to 
the requirements and provisions of Section 11.0-6d of the Zoning Ordinance: 
drug and alcohol abuse rehabilitation and treatment center. 

SEC. 4 7. AND BE IT FURTHER ORDAINED, That subsequent to 
enactment of this Ordinance, any increase in the number of beds of the 
convalescent, nursing and rest home at the Property and all substantial design 
changes in the approved amended Development Plan for the Property shall be 
reviewed and approved by the Planning Commission to insure that those 
changes are consistent with this Ordinance. 

SEC. & 8. AND BE IT FURTHER ORDAINED, That upon passage 
of this Ordinance by the City Council, as evidence of the authenticity of the 
amended Development Plan which is a part hereof and in order to give notice 
to the departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the amended Development Plan, and 



81 



Ord. No. 49 



when the Mayor approves the Ordinance, he shall sign the amended 
Development Plan. The Director of Finance shall then transmit a copy of the 
Ordinance and the amended Development Plan to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the Commissioner 
of the Department of Housing and Community Development, the Supervisor 
of Assessments for Baltimore City, and the Zoning Administrator. 

SEC. 6 9. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall deem to supersede and replace Ordinance No. 211, approved December 
15, 1988. 

SEC. 7 10. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 49 

(Council Bill No. 235) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF CERTAIN STREETS AND AN ALLEY 

OR PORTIONS THEREOF BOUNDED BY EUTAW STREET, 
BALTIMORE STREET, HOWARD STREET AND LOMBARD STREET 

FOR the purpose of condemning and opening certain streets and an 

alley or portions thereof bounded by Eutaw Street, Baltimore Street, 
Howard Street and Lombard Street in accordance with a plat thereof 
numbered 303-A-1B prepared by the Survey Control Section and filed 
in the Office of the Department of Public Works, on the Sixteenth 
(16th) day of September, 1991. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 



82 



Ord. No. 49 



Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
is hereby authorized and directed to condemn and open certain streets and an 
alley or portions thereof bounded by Eutaw Street, Baltimore Street, Howard 
Street and Lombard Street; the streets and alley hereby directed to be 
condemned for said opening being described as follows: 

Beginning for Parcel No. 1 at the point formed by the intersection of 
the west side of Howard Street, 82.5 feet wide, and the south side of 
Baltimore Street, 66 feet wide, and running thence binding on the south side 
of said Baltimore Street, North 87° 13*40" East 4.00 feet to intersect a line 
drawn parallel with and distant 4.00 feet easterly measured at right angles 
from the west side of said Howard Street; thence binding on said line so 
drawn, South 02°46'20" East 349.91 feet to intersect a line drawn easterly at 
right angles from the west side of said Howard Street; thence binding 
reversely on last said line so drawn, South 87° 13*40" West 4.00 feet to 
intersect the west side of said Howard Street, said intersection being formed 
by the division line between the property known as No. 18-20 S. Howard 
Street and the property adjoining on the south thereof known as No. 22-24 S. 
Howard Street and the west side of said Howard Street and thence binding on 
the west side of said Howard Street, North 02°46'20" West 349.91 feet to the 
place of beginning. 

Beginning for Parcel No. 2 at the point formed by the intersection of 
the north side of Redwood Street, 66 feet wide, and the west side of Howard 
Street, 82.5 feet wide, and running thence binding on the west side of said 
Howard Street, South 02°46*20" East 66.00 feet to intersect the south side of 
said Redwood Street; thence binding on the south side of said Redwood 
Street, South 87°29*30" West 116.67 feet; thence by straight lines the five 
following courses and distances; namely, North 02°47'17" West 14.50 feet, 
North 87°12'43" East 11.50 feet, North 02°47'17" West 37.83 feet, North 
87°27'10" East 29.70 feet and North 02°35'58" West 13.59 feet to intersect 
the north side of said Redwood Street and thence binding on the north side of 
said Redwood Street, North 87°29*30" East 75.44 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the intersection of 
the south side of Redwood Street, 66 feet wide, and the east side of Eutaw 
Street, 82.5 feet wide, and running thence binding on the east side of said 
Eutaw Street, North 02°40*10" West 14.00 feet to intersect a line drawn 



83 



Ord. No. 49 



parallel with and distant 14.00 feet, northerly measured at right angles from 
the south side of said Redwood Street; thence binding on said line so drawn, 
North 87°29'30" East 204.02 feet; thence by a straight line, South 02°47*17" 
East 14.00 feet to intersect the south side of said Redwood Street and thence 
binding on the south side of said Redwood Street, South 87°29*30" West 
204.05 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the intersection of a 
line drawn parallel with and distant 14.00 feet northerly, measured at right 
angles from the south side of Redwood Street, 66 feet wide, and the east side 
of Eutaw Street, 82.5 feet wide, and running thence binding on the east side 
of said Eutaw Street, South 02*40' 10" East 172.76 feet; thence by a straight 
line drawn at right angles to the east side of said Eutaw Street, South 
87° 19*50" West 2.00 feet to intersect a line drawn parallel with and distant 
2.00 feet westerly, measured at right angles from the east side of said Eutaw 
Street; thence binding on last said line so drawn, North 02°40'10" West 
172.76 feet to intersect the line drawn firstly herein and thence binding on 
said line drawn firstly herein, North 87°29*30" East 2.00 feet to the place of 
beginning. 

Beginning for Parcel No. 5 at the point formed by the intersection of 
the east side of Eutaw Street, 82.5 feet wide, and the north side of Cider 
Alley, 20 feet wide, and running thence binding on the north side of said 
Cider Alley, North 88°47'00" East 119.21 feet; thence by a straight line, 
South 87° 19*50" West 119.17 feet to intersect the east side of said Eutaw 
Street and thence binding on said Eutaw Street, North 02°40'10" West 3.03 
feet to the place of beginning. 

All courses and distances in the above descriptions are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

The said streets and alley as directed to be condemned being 
delineated and particularly shown on a plat numbered 303 -A- IB which was 
filed in the Office of the Department of Public Works on the Sixteenth (16th) 
day of September in the year 1991 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings 
of said Department of Public Works, with reference to the condemnation and 
opening of said streets and alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 Revision, 
as amended) and any and all amendments thereto, and any and all other Acts 



84 



Ord. No. 50 



of the General Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules or regulations in 
effect which have been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 50 

(Council BUI No. 236) 

AN ORDINANCE concerning 

CITY STREET - CLOSING OF CERTAIN STREETS AND AN ALLEY 

OR PORTIONS THEREOF BOUNDED BY EUTAW STREET, 
BALTIMORE STREET, HOWARD STREET AND LOMBARD STREET 

FOR the purpose of condemning and closing certain streets and an 

alley or portions thereof bounded by Eutaw Street, Baltimore Street, 
Howard Street and Lombard Street in accordance with a plat thereof 
numbered 303 -A- 1C prepared by the Survey Control Section and filed 
in the Office of the Department of Public Works, on the Sixteenth 
(16th) day of September, 1991. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
it is hereby authorized and directed to condemn and close certain streets and 



85 



Ord. No. 50 



an alley or portions thereof bounded by Eutaw Street, Baltimore Street, 
Howard Street and Lombard Street; the streets and alley hereby directed to be 
condemned for said closing being described as follows: 

Beginning for Parcel No. 1 at the point formed by the intersection of 
the west side of Howard Street, 82.5 feet wide, and the south side of 
Baltimore Street, 66 feet wide, and running thence binding on the south side 
of said Baltimore Street, North 87°13'40" East 4.00 feet to intersect a line 
drawn parallel with and distant 4.00 feet easterly measured at right angles 
from the west side of said Howard Street; thence binding on said line so 
drawn, South 02°46'20" East 349.91 feet to intersect a line drawn easterly at 
right angles from the west side of said Howard Street; thence binding 
reversely on last said line so drawn, South 87° 13*40" West 4.00 feet to 
intersect the west side of said Howard Street, said intersection being formed 
by the division line between the property known as No. 18-20 S. Howard 
Street and the property adjoining on the south thereof known as No. 22-24 S. 
Howard Street and the west side of said Howard Street and thence binding on 
the west side of said Howard Street, North 02°46'20" West 349.91 feet to the 
place of beginning. 

Beginning for Parcel No. 2 at the point formed by the intersection of 
the north side of Redwood Street, 66 feet wide, and the west side of Howard 
Street, 82.5 feet wide, and running thence binding on the west side of said 
Howard Street, South 02°46'20" East 66.00 feet to intersect the south side of 
said Redwood Street; thence binding on the south side of said Redwood 
Street, South 87°29'30" West 116.67 feet; thence by straight lines the five 
following courses and distances; namely, North 02°47'17" West 14.50 feet, 
North 87°12*43" East 11.50 feet, North 02 p 47'17" West 37.83 feet, North 
87°27*10" East 29.70 feet and North 02°35'58" West 13.59 feet to intersect 
the north side of said Redwood Street and thence binding on the north side of 
said Redwood Street, North 87°29*30" East 75.44 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the intersection of 
the south side of Redwood Street, 66 feet wide, and the east side of Eutaw 
Street, 82.5 feet wide, and running thence binding on the east side of said 
Eutaw Street, North 02°40'10" West 14.00 feet to intersect a line drawn 
parallel with and distant 14.00 feet, northerly measured at right angles from 
the south side of said Redwood Street; thence binding on said line so drawn, 
North 87°29'30" East 204.02 feet; thence by a straight line, South 02°47'17" 
East 14.00 feet to intersect the south side of said Redwood Street and thence 
binding on the south side of said Redwood Street, South 87°29*30" West 
204.05 feet to the place of beginning. 



86 



Ord. No. 50 



Beginning for Parcel No. 4 at the point formed by the intersection of a 
line drawn parallel with and distant 14.00 feet northerly, measured at right 
angles from the south side of Redwood Street, 66 feet wide, and the east side 
of Eutaw Street, 82.5 feet wide, and running thence binding on the east side 
of said Eutaw Street, South 02°40'10" East 172.76 feet; thence by a straight 
line drawn at right angles to the east side of said Eutaw Street, South 
87° 19*50" West 2.00 feet to intersect a line drawn parallel with and distant 
2.00 feet westerly, measured at right angles from the east side of said Eutaw 
Street; thence binding on last said line so drawn, North 02°40'10" West 
172.76 feet to intersect the line drawn firstly herein and thence binding on 
said line drawn firstly herein, North 87°29'30" East 2.00 feet to the place of 
beginning. 

Beginning for Parcel No. 5 at the point formed by the intersection of 
the east side of Eutaw Street, 82.5 feet wide, and the north side of Cider 
Alley, 20 feet wide, and running thence binding on the north side of said 
Cider Alley, North 88°47'00" East 119.21 feet; thence by a straight line, 
South 87° 19'50" West 119.17 feet to intersect the east side of said Eutaw 
Street and thence binding on said Eutaw Street, North 02°40 , 10" West 3.03 
feet to the place of beginning. 

All courses and distances in the above descriptions are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

The said streets and alley as directed to be condemned being 
delineated and particularly shown on a plat numbered 303-A-1C which was 
filed in the Office of the Department of Public Works on the Sixteenth (16th) 
day of September in the year 1991 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said 
highway or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned by the 
Mayor and City Council of Baltimore, shall be and continue to be the 
property of the Mayor and City Council of Baltimore, in fee simple, until the 
use thereof shall be abandoned by the Mayor and City Council of Baltimore, 
and in the event that any person, firm or corporation shall desire to remove, 
alter or interfere therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council of 
Baltimore, and shall in the application for such permission and permits agree 
to pay all costs and charges of every kind and nature made necessary by such 
removal, alteration or interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said portion of said 
highway or highways after the same shall have been closed under the 
provisions of this Ordinance until the subsurface structures and appurtenances 



87 



Ord. No. 50 



now owned by the Mayor and City Council of Baltimore, over which said 
buildings or structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City, and at the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad Tracks shall be taken 
to be "structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said 
highway or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by any person, 
firm or corporation, other than the Mayor and City Council of Baltimore, 
shall upon notice from the Director of Public Works of Baltimore City, be 
promptly removed by and at the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City Council of 
Baltimore, acting through its duly authorized representatives, shall, at all 
times, have access to said property and to all subsurface structures and 
appurtenances used by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without permission from or 
compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings 
of said Department of Public works with reference to the condemnation and 
closing of said streets and alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 Revision, 
as amended) and any and all amendments thereto, and any and all other Acts 
of the General Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules or regulations in 
effect which have been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



88 



Ord. No. 51 

CITY OF BALTIMORE 

ORDINANCE NO. 51 

(Council Bill No. 9) 

AN ORDINANCE concerning 

SOLID WASTE COLLECTION - SMALL HAULERS 

FOR the purpose of authorizing the Commissioner of Health to issue permits 
to small haulers of solid waste; providing a definition of small hauler; 
and authorizing the Commissioner of Health to adopt regulations for 
small hauler permit fees; providing that the Commissioner of Health 
may revoke a small hauler's permit when a small hauler violates 
refuse dumping laws; and generally relating to the collection and 
disposal of solid waste by small haulers. 

BY repealing and reordaining with amendments 
Article 11 -Health 
Subtitle - Solid Waste Collection 
Sections 267(c), 267(e) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 11 -Health 

Subtitle - Solid Waste Collection 

Sections 266(c), 267 (a-1), 268(c) and (d), 269(h), 270(d) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 11 -HEALTH 

Solid Waste Collection 

266. Definitions. 

(C) "SMALL HAULER" MEANS A PERSON WHO ENGAGES IN 
THE COLLECTION AND DISPOSAL OF SOLID WASTE FOR 
COMPENSATION USING A TRUCK FOR WHICH THE 



89 



Ord. No. 51 



MANUFACTURER'S RATED CAPACITY IS 3/4 TON OR LESS AND 
THE GROSS WEIGHT OF WHICH IS 7000 POUNDS OR LESS . AND 
DOING BUSINESS IN THE CITY OF BALTIMORE. 

267. Permits. 

(A-l) THE COMMISSIONER MAY ISSUE A PERMIT TO A 
SMALL HAULER WHO MEETS THE REQUIREMENTS OF THIS 
SECTION. 

(C) The applicant for a collection permit OR A SMALL HAULER 
PERMIT shall submit on a form provided by the Commissioner, information 
on the number, type, make, year, and capacity of the vehicles proposed to be 
employed in the collection service. All permits shall be subject to renewal at 
the end of each calendar year. 

(e) An appropriate permit fee AND AN APPROPRIATE SMALL 
HAULER FEE shall be established by the Commissioner with the approval of 
the Board of Estimates. 

(1) THE BOARD OF ESTIMATES SHALL ESTABLISH A 
SMALL HAULER DUMPING FEE AT CITY LANDFILLS AND 
INCINERATORS. 

268. Administration of subtitle. 

(C) THE COMMISSIONER MAY ADOPT AND PROMULGATE 
RULES AND REGULATIONS CONCERNING THE COLLECTION AND 
DISPOSAL OF SOLID WASTE BY SMALL HAULERS. 

(D)01 THE COMMISSIONER SHALL PUBLISH A LI S T AND 
ANNUALLY PUBLISH THE LIST OF ALL PERSONS ISSUED A 
LAWFUL PERMIT UNDER THIS SUBTITLE. THE COMMISSIONER 
SHALL DISTRIBUTE THE LIST TO ALL COMMUNITY 
ASSOCIATIONS LISTED WITH THE DEPARTMENT OF PLANNING. 

(2) THE LIST PROVIDED FOR IN THIS SUBSECTION SHALL 
CONTAIN THE NOTICE THAT NOTIFIES ALL PERSONS THAT THEY 
CANNOT CONTRACT WITH A PERSON TO HAUL SOLID WASTE 
UNLESS THE PERSON HAS BEEN ISSUED A LAWFUL SOLID WASTE 
HAULER PERMIT UNDER THE PROVISIONS OF THIS SUBTITLE 
AND IS DISPLAYING IT IN SUCH A MANNER TO MAKE IT VISIBLE 
FROM EXTERNAL VIEW AT ALL TIMES. 



90 



Ord. No. 52 



269. General responsibilities of collectors. 

(H) EACH SMALL HAULER PERMIT HOLDER SHALL 
DISPLAY THE PERMIT INSIDE THE TRUCK IN AN MANNER TO 
MAKE IT VISIBLE FROM EXTERNAL VIEW AT ALL TIMES . 

270. Inspections; permit revocation. 

(D) THE COMMISSIONER OF HEALTH MAY REVOKE A 
SMALL HAULER'S PERMIT WHEN THE SMALL HAULER IS FOUND 
GUILTY TO A VIOLATION OF THIS SUBTITLE OR A VIOLATION OF 
THE LITTER CONTROL SUBTITLE OF THIS ARTICLE OR A 
VIOLATION OF ANY OTHER LITTER, REFUSE, TRASH, FILTH, OR 
GARBAGE DUMPING LAW. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



Approved June 15, 1992 



KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 52 

(Council Bill No. 59) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRUG ABUSE REHABILITATION AND TREATMENT CENTER 

909 921 90? 909-917 NORTH BROADWAY 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of a drug abuse rehabilitation and treatment center on 
the property known as 909 — 9S4- 90? 909- 917 North Broadway, as 
outlined in red on the plats accompanying this ordinance, subject to 
the conditions of continuing certification by the State of Maryland 
Drug Abuse Administratio n, review of the architectural plans by the 
Design Advisory Panel, and that the operator of the facility shall 
provide security on the premises during all hours of operation . 



91 



Ord. No. 53 



BY authority of 

Article 30 - Zoning 

Sections 4.8-ld-6 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a drug abuse rehabilitation and 
treatment center for no more than 280 clients on the property known as 909 
934- 90? 909-917 North Broadway, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections 4.8-ld-6 and 
11.0-6d of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended), entitled, "Zoning", subject to the conditions of continuing 
certification by the State of Maryland Drug Abuse Administration , review of 
the architectural plans bv the Design Advisory Panel, and that the operator of 
the facility shall provide security on the premises during all hours of 
operation . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, the Supervisor of 
Assessments for Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 15, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 53 
(Council Bill No. 166) 



92 



Ord. No. 53 

AN ORDINANCE concerning 

AIRPLANES FLYING OVER ORIOLE PARK AT CAMDEN YARDS 

FOR the purpose of prohibiting airplanes from flying over or around Oriole 
Park at Camden Yards under certain conditions ; and increasing the 
penalty . 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Airplanes 
Sections 2 and 3 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and roordaining without amondmontfl 
Article 19 — Polioo Ordinanooo 
Subtitle — Airplanes 
Section 3 
Baltimore City Code (19 8 3 Roplaoomont Volume, ao amended ) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Airplanes 

2. Flying over stadium; prohibited. 

It shall bo unlawful for airplanoo or any kind of flying maohinoo to fly 
or paoo over, [in the air, the Munioipal Stadium,] OR AROUND THE 
OUTER LIMITS OF, FOR ANY ADVERTISING OR COMMERCIAL 
PURPOSE WHATSOEVER, ORIOLE PARK AT CAMDEN YARDS, while 
[oaid Stadium] THE PARK io oooupied by people [being] in the seats or 
boxoo [of said Stadium] or while any athlotio OR OTHER event w in progrooo 
[for any advertising or oommoroial purpoooo whatsoever]. 

A PERSON SHALL NOT OPERATE AN AIRCRAFT OVER OR 
AROUND THE OUTER LIMITS OF MEMORIAL STADIUM OR ORIOLE 
PARK AT CAMDEN YARDS FOR ANY ADVERTISING OR 
COMMERCIAL PURPOSES. 



93 



Ord. No. 54 



3. Same; penalty. 

Any violation of Section 2 shall be punishable by a fine of not less 
than five hundred dolloro ($500.00) $1.000 . to be imposed upon any person 
who shall be found guilty of a violation of said section, said fine to be 
collected in the same manner as any other fine for the violation of other 
ordinances. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved June 15, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 54 

(Council Bill No. 101) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - O'DONNELL STREET 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell at either public or private sale all of the interest of the Mayor and 
City Council of Baltimore in and to a certain parcel of land situated on 
O'Donnell Street at the intersection of S. Decker Avenue, said parcel 
of land and improvements being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore City be and 
she is hereby authorized to sell, at either public or private sale in accordance 
with Article V, Section 5(b) of the City Charter (1964 Revision, as amended), 
all of the interest of the Mayor and City Council of Baltimore in and to a 
certain parcel of land situated on O'Donnell Street at the intersection of S. 
Decker Avenue and described as follows: 



94 



Ord. No. 54 



Beginning for the same on the south side of O' Donne 11 Street North at 
a point distant 150.00 feet measured easterly from the corner formed by the 
intersection of the south side of O'Donnell Street North and the east side of 
Potomac Street, said point also being at the beginning of the first or Easterly 
65 feet line of the land which by deed dated April 9, 1923 and recorded 
among the Land Records of Baltimore City, Maryland in Liber S.C.L. 3996, 
Folio 90 was granted and conveyed by the Canton Company of Baltimore to 
the Mayor and City Council of Baltimore, thence binding on the south side of 
O'Donnell Street North and running and binding on a part of said first line, 
with all courses of this description referred to the meridian established in the 
Baltimore City Survey Control System, 

(1) North 87°08*20" East 34.10 feet to intersect the west edge 
of a concrete walk there situate, thence leaving the 

south side of O'Donnell Street North and running for a new line of division 
and binding in part on said west edge of a concrete walk and in part on a 
southerly prolongation thereof, 

(2) South 02°57'48" East 60.00 feet to intersect the north side 
of O'Donnell Street south and to intersect the third line of the aforementioned 
conveyance to the Mayor and City Council of Baltimore at a point distant 
34.15 feet from the end thereof, thence running and binding on the north side 
of O'Donnell Street south and also binding on the remainder of said third 
line, 

(3) South 87°08'20" West 34.15 feet to intersect the end of the 
second or southerly 60 feet line of the land which by deed dated March 1, 
1900 and recorded among the Land Records aforesaid in Liber R.O. 1834, 
Folio 231 was granted and conveyed by the Canton Company of Baltimore to 
The Messiah English Lutheran Church of Baltimore City, thence leaving the 
north side of O'Donnell Street south and running and binding reversely on 
said second line, 

(4) North 02°55'16" West 60.00 feet to the point of beginning; 
containing 2,047 square feet or 0.0470 acres of land, more or less, as 
surveyed in February 1992 by S.J. Martenet and Co. 

Being a part of the land which by deed dated April 9, 1923 and 
recorded among the Land Records of Baltimore City, Maryland in Liber 
S.C.L. 3996, Folio 90 was granted and conveyed by the Canton Company of 
Baltimore to the Mayor and City Council of Baltimore. 

Containing 2065 square feet, more or less. 



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Ord. No. 55 



Said property being no longer needed for public use. 

All courses and distances in the above description are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or 
deeds shall pass in accordance herewith until the same shall have been 
approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 22, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 55 

(Council Bill No. 124) 

AN ORDINANCE concerning 

IMPOUNDING ON ST. PAUL STREET 

FOR the purpose of changing the impounding area on St. Paul Street from 
31st Street to Lanvale Street. 

BY repealing and reordaining with amendments 
Article 3 1 - Transit and Traffic 
Subtitle - Impounding Areas 
Section 119(2) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 3 1 - Transit and Traffic 

Subtitle - Impounding Areas 

Section 119(2a) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 



96 



Ord. No. 56 

(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - Transit and Traffic 

IMPOUNDING AREAS 

119. S Streets. 

(2) St. Paul Street, [both sides,] WEST SIDE, from 31st Street 
to Baltimore Street. 

(2a) ST. PAUL STREET, EAST SIDE, FROM THE BRIDGE 
SOUTH OF LANVALE STREET TO BALTIMORE STREET. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 22, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 56 

(Council Bill No. 144) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - HAUBERT STREET 

FOR the purpose of repealing Ordinance No. 1099, approved November 20, 
1987, which provided for reserved handicapped parking on the west 
side of Haubert Street south of Marriott Street for Charles F. 
Leimback. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 1099, approved 
November 20, 1987, is hereby repealed and the authorization for reserved 
handicapped parking on the west side of Haubert Street south of Marriott 
Street for Charles F. Leimback therein provided, is hereby rescinded. 



97 



Ord. No. 57 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 22, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 57 

(Council Bill No. 201) 

AN ORDINANCE concerning 

DOWNTOWN MANAGEMENT DISTRICT AND 
DOWNTOWN MANAGEMENT DISTRICT AUTHORITY 

FOR the purpose of creating a district within downtown Baltimore 

within which there shall operate a downtown commercial district 
management authority in accordance with applicable state enabling 
legislation; specifying the boundaries of such a district; creating the 
authority and empowering that authority with the rights, duties, 
powers and charges necessary for its operation; limiting the powers of 
the authority to satisfy the requirements of the enabling legislation; 
designating the initial interim board of the authority and providing for 
the selection and approval of a full board; establishing the relationship 
of the authority with the Downtown Partnership of Baltimore, Inc.; 
creating the administrator for the authority and designating that 
administrator; mandating the financial responsibilities of the authority 
and the city in conjunction with the operation of the district; providing 
for a supplemental tax to be collected by and for the authority; 
establishing limits and minimums on the amount of the supplemental 
tax; incorporating the assessment, collection and enforcement process 
for the supplemental tax within the procedures and processes already 
existing; specifying the role of the city in maintaining and enhancing 
existing services; encouraging the creation of partnerships between 
and among the authority, the city, the state, the federal government 
and other property owners not subject to the supplemental tax; 
establishing the Board of Estimates as the agency charged with 
reviewing and approving various matters relating to the district and the 
authority; providing for the renewal, expiration, termination and 
approval of the district and the authority; and otherwise providing for 
the existence, operation and control of the district and the authority. 



98 



Ord. No. 57 



RECITALS 

A. The 1992 Maryland General Assembly enacted House Bill No. 
1252, which was signed into law as Chapter 604 of the Laws of 1992 (the 
"Enabling Law"). The Enabling Law amended The Charter of Baltimore, 
1964 Revision (1990 Replacement Volume, as amended) (the "Charter") by 
adding Section (61) to Article II of the Charter. Section (61) authorizes the 
creation of a downtown commercial district management authority. 

B. The Downtown Partnership of Baltimore, Inc. (the "Partnership"), 
which has been actively involved in the management of public and private 
services within downtown Baltimore for more than ten years, has presented 
the report of a task force organized by the Partnership regarding the 
experience of other cities with the concept of a special downtown benefit 
district. 

C. The City Council has held hearings and has solicited the input of 
property owners, retail merchants, hotel and motel operators and owners, 
property tenants and employees within the downtown area of the city 
regarding the creation of a special benefit district. 

D. The Mayor and City Council of Baltimore (the "City") has 
determined that the establishment of a special benefit district within the 
boundaries described in this Ordinance and under the terms specified in this 
ordinance will be in the best interests of the city. 

NOW, THEREFORE, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the following findings are critical to the 
exercise of the authority set forth in Section (61) of Article II of the Charter 
of Baltimore, 1964 Revision (1990 Replacement Volume, as amended) 
(referred to herein as the "Enabling Legislation," which term shall include 
any subsequent changes thereto): 

A. The Importance of Downtown : 

1. The downtown or central business district of the City of Baltimore 
(the "CBD") is the center of employment for the entire metropolitan region 
and is the source for a very substantial portion of all jobs within the city. 

2. The CBD is also the center for tourism for the entire State of 
Maryland, having within its boundaries some of the most popular attractions 
in the country. 



99 



Ord. No. 57 



3. The CBD is an important part of the tax base of the city, 
contributing taxes totally disproportionate to the relative area involved. 

4. The CBD is a vital link to the long-term health of the city and the 
focus of critical decisions as to the source of employment for the future. 

B. The Problems Facing the CBD : 

1. While an undeniable asset to the region, the CBD is very 
dependent on public perception regarding safety and cleanliness. 

2. Studies conducted by a task force of the Partnership have identified 
the existence of significant concern among CBD residents and workers of 
being a victim of crime, despite statistics indicating that the CBD is as safe or 
safer than other parts of the city. 

3. Because of the high influx of workers and visitors, the CBD is 
likely to generate higher amounts of trash, litter and graffiti than other parts 
of the city. 

4. In order to maintain the CBD as an attractive destination for 
visitors, there need to be efforts made to improve the perceptions regarding 
safety and cleanliness. 

5. Traditional sources of funding, enhancing public services, are no 
longer available, and a variety of financial crises have suggested that future 
funding from existing sources will become ever more difficult. 

C. The Concept of a Special Benefit District : 

1. A special benefit district is a mechanism by which property owners 
within a defined area can agree to impose additional taxes and charges on 
themselves in order to provide enhanced and supplemental public services. 

2. Special benefit districts have been created in numerous cities 
across the country, and the reports received suggest that they are almost 
uniformly highly successful in achieving their objectives. 

3. Critical to any special benefit district is the creation of a 
partnership between the public and private sector, with the public sector 
committing to maintain services at specified levels and the private sector 
agreeing to accept new taxes and charges for the purpose of supplementing 
public services. 



100 



Ord. No. 57 



4. A district in this city cannot be successful without the full 
cooperation of the City, the State of Maryland and the various private 
property owners within that district. 

D. Considerations : 

1. The Council has considered the materials compiled by the 
Downtown Partnership of Baltimore, Inc. regarding the alternatives to the 
creation of a district and the pattern of success for such districts elsewhere. 

2. The Council has considered the comments and suggestions of 
property owners, retail merchants, hotel and motel operators and owners, 
property tenants and workers in the CBD. 

3. The Council finds that a special benefit district of the kind 
authorized by Section (61) of Article II of the Charter would be an important 
and vital element of the long-term health and growth of the CBD, the city and 
the region. 

4. Although one or more districts would be of great value throughout 
the CBD, the district created herein will be a significant start towards 
achieving the goals and objectives outlined above. 

5. Since 1982, the Partnership has been responsible for the 
management and operation of ever increasing parts of the CBD, and has 
demonstrated its ability to deal with the kinds of problems such a district 
needs to address. 

6. /The City should not burden a district with unnecessary layers of 
administration, nor should the City deny itself the benefit of the experience 
and expertise acquired by the Partnership. 

7. The Council finds that the existing system of assessments, appeals 
and adjustments for vacancies on income-producing properties adequately 
addresses the concerns raised in the Enabling Legislatio n, although a 
moohaniom io noodod to oorroot poooiblo future unfairnooc . 

8. The Council finds that an assessment system for a district should 
be uncomplicated, direct and fair. The system provided for in this ordinance 
satisfies such criteria. 

9. The Council finds that the district should encourage the 
involvement of minorities in the operation of the district and in the business 
community itself. 



101 



Ord. No. 57 



SEC. 2. AND BE IT FURTHER ORDAINED, That pursuant to the 
Enabling Legislation, and within boundaries that are authorized by such laws, 
there is hereby created a district to be known as the "Downtown Management 
District" (hereinafter referred to as the "District"), within the boundaries set 
forth on Exhibit A to this ordinance (which is part hereof). 

SEC. 3. AND BE IT FURTHER ORDAINED, That the District may 
be expanded (and as so expanded, shall be deemed r iuded within the term 
"District" as used hereafter), in one or more resolutions of this Council, up 
to, but not beyond, the boundaries authorized in the Enabling Legislation 
upon a petition by recommendat from the governing board of the authority 
created by this ordinance duly m cod by ouoh governing board which is 
endorsed by the Board of Estimates of the City . 

SEC. 4. AND BE IT FURTHER ORDAINED, That as authorized by 
the Enabling Legislation, there is hereby created a downtown commercial 
district management authority to be known as the "Downtown Management 
Authority for Baltimore City" (which is referred to hereafter as the 
"Authority"). The Authority shall: 

(a) not be or constitute or be deemed an agency of the City or the 
State of Maryland; 

(b) shall, to the greatest extent allowable by law, be deemed a special 
taxing district, and therefore a governmental body, both politic and corporate, 
exercising only such powers as are provided for in this ordinance; 

(c) not exercise any power specifically withheld by the terms of either 
the Enabling Legislation, or if more restrictive, this ordinance. 

However, the powers of the Authority shall be broadly interpreted in order to 
allow the Authority to achieve the goals of the Enabling Legislation, including 
the provision of supplementary security and maintenance services, the 
promotion and marketing of the District and the provision of amenities in 
public areas. 

SEC. 5. AND BE IT FURTHER ORDAINED, That except as 
limited by the Enabling Legislation and this ordinance, the Authority shall 
possess the following powers: 

(a) to acquire, hold and use both real and personal property necessary 
to achieve its purposes, including the acquisition by purchase, lease, use or 
other rights; 



102 



Ord. No. 57 



(b) to make contracts, including contracts to provide services for areas 
adjoining the District; 

(c) to engage the services of an administrator (the "Administrator"), 
which may be an individual or an entity, including the Partnership, to 
administer the programs and undertakings of the Authority; 

(d) to sue and be sued, provided that the District, the Authority and 
the Administrator shall benefit, to the fullest extent allowable by law, from 
any provisions of federal, state and local law limiting the liability of 
employees, officers, agents and officials of governmental bodies; 

(e) to accept grants; 

(f) to borrow funds for purposes consistent with the public purposes of 
the Authority , provided no borrowing shall be for a term beyond the date for 
renewal of the District under Sec. 12 of this Ordinance : 

(g) to adopt an annual budget and impose, charge and collect the taxes 
or charges on benefitted properties within the District authorized by the 
Enabling Legislation and this ordinance; provided, however, that no taxes 
shall be levied against (i) residential properties with fewer than four dwelling 
units, or (ii) properties which are exempt under state law from ordinary 
property taxes; 

(h) to create and enter into partnerships between the Authority and 
various property owners otherwise exempt from ordinary property taxes, 
which partnerships may provide for the provision of permitted services and 
benefits by the Authority in exchange for payments arranged by contract, 
donation, gift, services in kind or other mechanism by which funds or benefits 
are provided to the Authority; 

(i) to establish and elect such officers as are not specified in this 
ordinance and provide for their terms and duties; 

(j) to contract for and purchase goods and services, but as provided in 
the enabling legislation, such contracting shall not be subject to Baltimore 
City requirements regarding wage scales, competitive bidding or other local 
procurement laws, but nonetheless shall be subject to applicable ordinances 
regarding city policy on encouraging and achieving goals for minority and 
women's business enterprises participation in the contracting activities of the 
Authority; 



103 



Ord. No. 57 



(k) to adopt, amend and modify by-laws, consistent with the Enabling 
Legislation and this ordinance; 

(1) to implement the programs and goals of the Authority directly 
through employees, or through one or more contracts, which contracts can be 
with independent contractors or contract employees; 

(m) to assist the leasing, marketing and promotion activities within the 
District, to the extent such activities are approved by the governing board of 
the Authority; 

(n) to appoint, hire, or engage such auditors, accountants, attorneys, 
assistants, aides, employees and advisors as may be deemed necessary for the 
proper performance of the duties of said Authority, but consistent with this 
ordinance; and 

(o) to do all other things necessary or convenient to carry out its 
goals, objectives and powers. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Authority 
shall be subject to the following limitations: 

(a) The Authority is not permitted to exercise any police or general 
powers other than those authorized by the Enabling Legislation, State law or 
this ordinance; 

(b) The Authority may not pledge the full faith and credit of the City; 

(c)u The Authority shall comply with the requirements of City 
ordinances and City policies requiring achievement of goals regarding 
participation of minority and women's business enterprise s and shall submit a 
quarterly report on the status of minority participation in the operation and 
governance of the Downtown Management District to the President and each 
member of the City Council ; 

(d) The Authority shall not extend its life and shall not modify the 
boundaries of the District except in accordance with this ordinance; 

(e) The Authority shall not impose taxes, fees er and assessments in 
excess of those authorized by this ordinance or those approved by the Board 
of Estimates of the City or the City Council; 



104 



Ord. No. 57 



(f) The Authority shall not exercise powers of eminent domain; 

(g) In order to adhere to the requirement of the Enabling Legislation 
that employees of the Authority reside in the City of Baltimore, the Authority 
shall not hire any new employee that does not voluntarily deliver to the 
Authority an affidavit certifying that the employee's residence is within the 
political boundaries of the City of Baltimore and that such employee intends 
to remain as a resident for the foreseeable future; 

(h) Any fees, charges or taxes collected by the Authority pursuant to 
this Ordinance shall be used only for the purposes set forth in this Ordinance 
and for no other purposes; and 

(i) Except as otherwise authorized by law, including the Enabling 
Legislation and this ordinance, and as necessary to exercise the powers 
provided for herein, the Authority shall not engage in competition with the 
private sector. 

(i) Notwithstanding any other provisions of this Ordinance, no 
borrowing, leasing, contracting, or other agreement or obligation shall be for 
a term beyond the date for renewal of the District under Sec. 12 of this 
Ordinance. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the Authority 
shall be governed by and administered through a board of directors (the 
"Board"). The initial interim Board of the Authority shall be those 
individuals whose names are set forth on the list attached to this ordinance as 
Exhibit B . As described below, the interim Board shall be primarily 
responsible for recommending a full Board for the Authority to the Board of 
Estimates .and is not expected to engage in any other substantive activity . The 
Board shall be subject to the following requirements: 

(a) The initial interim members shall serve as the members of the 
Board for a period not to exceed six (6) months, unless extended by the Board 
of Estimates, and only until a full Board is approved by the Board of 
Estimates as provided hereafter. In the event of resignation, expiration or 
other departure from the Board, or removal in accordance with the by-laws of 
the Authority, of any member of the Board, successors shall be elected by the 
remaining members of the Board. 

(b) The number of members of the Board hill shall be not less than 
ten (10), excluding vacancies, and no more than twenty (20) twenty-five (25) . 
The interim membership of the Board shall be the five (5) 



105 



Ord. No. 57 



individuals listed on Exhibit A. The interim Board, upon approval of the 
District and the Authority in accordance with Section 1 1 of this ordinance, 
shall propose to the Board of Estimates the initial full membership of the 
Board and the proposed terms for each director. Interim Board members may 
be included in the recommended full Board list. Such recommendation shall 
occur within ten (10) days of approval of the District, and shall be subject to 
the consent and concurrence of the Board of Estimates. The Board shall have 
the full authority to increase or decrease its membership, within the above 
limits, provided that at all times after approval of the initial full Board by the 
Board of Estimates, the requirements of this ordinance are adhered to. 

(c) The following minimum representation shall be present on the 
Board, other than the interim Board specified in this ordinance, except during 
periods of temporary vacancies: 

(i) One member shall be appointed by the Mayor; 

(ii) One member shall be appointed by the 
Governor; 

(hi) One member shall be selected by and approved 
through resolution of the City Council; 

(iv) The Administrator shall designate an individual 
to be on the Board; 

(v) At least one member shall be rooommondod 
appointed by and shall represent each of the 
following constituent groups within the District: 

A. A trade group recognized by the Board as representing the hotels 
and motels within the District, which at the time of passage of this 
ordinance is acknowledged to be the Hotel and Motel Association of 
Greater Baltimore : 

B. A trade group recognized by the Board as representing the retail 
merchants within the Market Center area, which at the time of passage 
of this ordinance is acknowledged to be the Market Center 
Association; 



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Ord. No. 57 



C. A trade group recognized by the Board as representing the retail 
merchants within the Charles Street corridor, which at the time of 
passage of this ordinance is acknowledged to be the Charles Street 
Association; 

D. A trade group recognized by the Board as representing the 
property owners and managers within the District, which at the time 
of passage of this ordinance is acknowledged to be the Building 
Owners and Managers Association of Metropolitan Baltimore : 

£. A group recognized by the Board as representing the leaders of 
major institutional and business interests within the District, which at 
the time of passage of this ordinance is acknowledged to be the 
Greater Baltimore Committee; 

F. A professional trade organization recognized by the Board as 
representing the users of commercial real estate space within the 
district, which at the time of passage of this ordinance is 
acknowledged to be the Greater Baltimore Board of Realtors: 

¥-G. In the event that the Partnership is not the Administrator, the 
Partnership or any successor organization having similar functions and 
constituent boundaries, as determined by the Board; 

provided that each such member of the Board shall also be or represent an 
owner of property subject to the tax imposed by this ordinance. 

(vi) At least two-thirds of the Board shall be 
comprised of owners or representatives of owners of property subject to the 
tax imposed by this ordinance; provided that members of the Board selected 
under clauses (i) though (v) above may be included in such group if they 
otherwise qualify; 

(vii) The Board shall endeavor to maintain 
representatives on the Board from the tourist and convention industry, 
professional practicing in the District, the retail merchants within the District 
and the tenants of properties in the District; however, no minimum 
representation shall apply; and 

(viii) Consistent with the encouragement of 
partnerships between the Authority and property owners exempt from the tax 
imposed by this ordinance, the Board should consider representation of such 
partners within the Board. 



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Ord. No. 57 



(d) All powers of the Authority shall be exercised by and through the 
Board, unless delegated by the Board to one or more officers thereof or to the 
Administrator. 

(e) The Board may adopt such by-laws, rules and regulations as it 
deems necessary in carrying out the powers of the Authority, so long as the 
same shall not be inconsistent with the terms of this Ordinance or of any 
ordinance amendatory or supplementary hereof or of the Enabling Legislation. 
All by-laws shall be subject to the approval of the Board of Estimates. The 
Board may establish its own procedures relating to the internal administration 
of the Authority, except as may be restricted by the Enabling Legislation or 
this ordinance. 

(f) The Board shall select from among its members, individuals to 
serve, at the pleasure of the Board, as President, Vice-President, Treasurer 
and Secretary of the Authority, delegating to such individuals such 
responsibilities as the Board deems appropriate. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the fiscal affairs 
of the Authority shall be conducted in accordance with the following 
provisions: 

(a) Financial Plan : The Board shall adopt a an annual financial plan 
(the "Financial Plan"), based on the City's fiscal year, which at the time of 
the passage of this ordinance is July 1 through June 30. consisting of at least 
(i) a proposed schedule of taxes or charges to be imposed throughout the 
District, and (ii) in the first Financial Plan submitted, a budget for the current 
fiscal year of the City and in Financial Plans for each fiscal year after the 
year of approval of this ordinance, a budget for the full fiscal year. The 
Financial Plan shall be subject to the approval of the Board of Estimates in 
accordance with the procedures set forth in this ordinance. 

The initial budget for the Authority shall include all of the fiscal year 
ending on June 30, 1993, and may include the costs of preparing the 
Financial Plan and implementing the Authority and the District, so long as 
such costs were incurred during that fiscal year. In the event that the 
Authority is not implemented as a result of the operation of Section 1 1 of this 
ordinance, neither the Authority nor the District, nor the City, shall have any 
liability for costs incurred prior to the initiation of operations, whether or not 
incurred by the Administrator or on behalf of the District or the Authority. 

Before adopting the Financial Plan, the Board of the Authority shall 
arrange for a public hearing to be held on the Financial Plan. Such hearing 
shall not occur any sooner than after notice of such hearing has been 



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Ord. No. 57 



published in a newspaper of general circulation in Baltimore City at least once 
a week for three consecutive weeks. 

The Authority may not approve a Financial Plan that includes taxes or 
charges in excess of those approved by the Board of Estimates. 

(b) Supplemental Tax : The funding for the operation of 
the Authority shall be provided by a supplemental annual property tax, levied 
on all properties subject to real property taxation, unless exempt under this 
ordinance, the Enabling Legislation or other applicable laws (the 
"Supplemental Tax"). The Supplemental Tax shall be assessed and collected 
in conjunction with the property taxes assessed and collected by the city 
("Regular Tax"), unless otherwise established by the Board and approved by 
the Board of Estimates. Enforcement of the Supplemental Tax shall be in 
accordance with the enforcement of the Regular Tax and all provisions 
applicable to the assessment, collection, enforcement and refunding of the 
Regular Tax shall apply to the Supplemental Tax unless modified herein. The 
Supplemental Tax shall be further subject to the following limitations: 

(i) Tho rate of tho Supplemental Tax oholl not oxoood 
thirty oonto per one hundred dollars of oooooood value. 

(ii) Tho rate of tho S upplemental Tax ohall not 
inoroaoo from any ono year to tho next year by more than five poroontt 

(iii) Proportioo within tho Di o triot oubjoot to tho 
Supplemental Tax ohall not bo required to pay any other ohargoo or fooo for 
oorviooo generally provided within tho Diotriot; howovor, tho Authority may 
impose ohargoo and foes for any opooial services requested by and performed 
for ono or more property owners. 

(iv) Tho limitation in olnuoo (i) above ohall bo adjusted 
for any inoroaooo in tho ooot of living, uoing standards approved by tho Board 
of Eotimatoo, but in no event by more than fivo percent from tho prior year. 

(v) Tho minimum amount payable for oaoh property in 
tho Diotriot, which io oubjoot to tho Supplemental Tax, ohall bo Two Hundred 
Dollars ($200.00) for oaoh full yean 

(i) The rate of the Supplemental Tax shall initially be that amount (the 
"Base Rate") required to generate $1.700,000 in revenues for a full budget 
year from properties subject to the Supplemental Tax (the "Base Budget"). 



109 



Ord. No. 57 



(ii) For any year after the initial budget year, the Base Rate of the 
Supplemental Tax shall not be increased unless required to generate revenues 
equal to the Base Budget, plus an annual increase in the Base Budget equal to 
five percent (5%). and shall be subject to the further limitations set forth 
below: 

A. Any increase in the rate of the Supplemental Tax must be 
approved by a majority of the Board members that are property owner 
representatives for purposes of Section 7(c)(vD. 

B. The rate of the Supplemental Tax shall not at any time 
exceed thirty cents per one hundred dollars of assessed value. This limitation 
shall be adjusted for any increases in the cost-of-living, using standards 
approved by the Board of Estimates, but in no event by more than five 
percent from the prior year. 

C. Except to the extent required to maintain the Base Budget, 
the rate of the Supplemental Tax shall not at any time increase from any one 
year to the next year by more than five percent. 

(iii) Properties within the District subject to the Supplemental Tax 
shall not be required to pay any other charges or fees for services generally 
provided within the District by the Authority; however, the Authority may 
impose charges and fees for any special services requested by and performed 
for one or more property owners. 

(c) Other Charges : The Board of the Authority, with the approval 
of the Board of Estimates, may establish other fees and charges for specific 
services performed within the District, within areas adjoining te the District, 
for properties and owners not subject to the Supplemental Tax and in 
conjunction with partnerships encouraged by this ordinance. 

(d) Baseline Services : The Authority io authorized Prior to 
imposing and collecting the Supplemental Tax authorized by this ordinance, 
the Authority shall and di rooted to enter into a memorandum of understanding 
with the Mayor of the City regarding the level of services to be maintained by 
the City as the City's partnership obligation to the Authority and the District's 
taxpayers. Such a memorandum shall describe the existing levels of service 
within the District, shall commit the City to the maintenance of such levels of 
service, and shall outline the further undertakings of the City in response to 
the initiative represented by the creation of the District (the "Baseline 
PLUS"). The maintenance of existing services shall be governed by two 
principles: 



110 



Ord. No. 57 



(i) No decrease in such services shall occur except as 
part of an overall decrease in services necessitated by changes in funding, 
policy or resources, and then only in proportion to the decreases implemented 
elsewhere in the city. 

(ii) Any increase in such services generally throughout 
the city shall be matched with increases in such services within the District, in 
proportion to the increases implemented elsewhere in the city. 

(e) Partnerships : The Authority is authorized and 
encouraged to enter into partnerships with the property owners and users 
within the District and adjoining areas that are not subject to the Supplemental 
Tax ("Exempt Partners") for the purpose of furthering the broad objectives of 
improving and enhancing public services throughout the CBD. In furtherance 
of that objective, the Authority may: 

(i) contract to provide varying levels of services to 
areas adjoining the District; 

(ii) . agree to accept donations, contributions, 
voluntary payments of any kind from Exempt Partners (collectively, 
"Voluntary Payments"), with or without agreements regarding specific 
services and functions; 

(iii) enter into agreements with Exempt Partners 
regarding support for the inoluoion of to include property owned by those 
Exempt Partners within the District in return for Voluntary Payments and/or 
commitments regarding the provision of similar services and functions within 
properties/owned by Exempt Partners; and 

(iv) establish rates and charges for the provision of 
services to Exempt Partners. 

(f) Vacancy Factor : The Authority is directed to 
recommend to the Board of Estimates, in any year in whioh ooonomio 
oonditiono ouggoot that the aooooomont prooooo dooo not adequately oonoidor 
e xioting vaoanoioo in properties, whether some process or automatic 
adjustment is necessary to reflect the direction of the Enabling Legislation 
regarding current rates of occupancy in buildings. 

(g) Collection and Disbursement : The Authority is 
authorized and directed to establish with the appropriate City agencies the 
methods by which the Supplemental Tax is to be assessed, collected and 
disbursed to the Authority. Amounts collected by the City on behalf of the 



111 



Ord. No. 57 



Authority shall not be included in the revenues of the City, shall not be 
deemed subject to the budgetary and appropriation process and shall be 
disbursed promptly upon collection. As part o: e City's contribution to the 
District, such collection, assessment, disbursement, record-keeping and 
enforcement as may be involved in the process, shall not be a charge to or 
against the Authority or the District but shall be an element of the Baseline 
PLUS. 

(i) The Department of Finance of the City 

is authorized to collect the Supplemental Tax and such other charges as are 
approved by the Board of Estimates. The assessment for the Supplemental 
Tax may be included with the annual real property tax bill submitted to the 
owners of properties within the District. The penalties and interest applicable 
to delinquent taxes shall be applied to delinquencies in payment of the 
Supplemental Tax. The Department of Finance shall make regular 
remittances of the amounts collected to the Board of the Authority. 

(ii) The amount of any outstanding 

assessment on any property, and accrued interest and other charges, shall 
constitute a lien on the property. The lien shall take precedence over all other 
liens, whether created prior to or subsequent to the assessment, commensurate 
with a lien for state and county taxes, general municipal taxes, and prior 
improvement assessments, and shall not be defeated or postponed by any 
private or judicial sale, by any mortgage, or by any error or mistake in the 
description of the property or in the names of the owners. No error in the 
proceedings of the City or the Board of the Authority shall exempt any 
property from the lien, or from payment thereof, or from the penalties or 
interest thereon, as herein provided. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the initial 
Administrator of the Authority shall be the Partnership, unless otherwise 
determined by the Board, and the Administrator shall have the following 
powers with regard to the District and the Authority: 

(a) The Administrator shall prepare the Financial Plan for 
review and approval by the Board of the Authority. 

(b) The Administrator shall implement the approved Financial 
Plan and arrange for the collection and disbursement of the Supplemental Tax 
and all other charges, fees and revenues of the Authority. 

(c) The Administrator shall establish such procedures and 
processes as are necessary to perform the functions called for under the 
Financial Plan and the budget. 



112 



Ord. No. 57 



(d) The Administrator is hereby charged with responsibility 
for the day-to-day operations of the Board and its employees and contractors. 

(e) The Administrator shall be empowered to exercise the 
powers granted to the Authority under this ordinance, provided that the Board 
of the Authority shall retain final discretion and power with regard to all 
substantive agreements, contracts and other arrangements binding on the 
Authority. 

(0 The Administrator shall hire and retain such employees, 
agents and contractors as are needed to perform its functions for the 
Authority, provided that all such hiring and contracting shall comply with 
Sections 5(j) and 6(c) of this ordinance. 

(g) The Administrator shall be deemed to be the direct agent of 
the Authority, such that any immunity afforded to the Authority and its 
officers, employees and agents, shall be afforded as well to the Administrator. 

(h) The Administrator shall have such further rights, powers 
and authority as may be granted to it by the Board of the Authority. 

(i) Any limitations on the powers and authority of the 
Authority shall apply as well to the Administrator in performing the functions 
charged to the Administrator by this ordinance or by the Board of the 
Authority. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the Board of 
Estimates shall have the following powers with regard to the District and the 
Authority* 

(a) The full Board of the Authority proposed by the interim 
Board in accordance with Section 7 of this ordinance shall be subject to the 
approval of the Board of Estimates. 

(b) The Financial Plan and the schedule of rates and charges 
shall be subject to the approval of the Board of Estimates. ¥fee Beginning 
with the Financial Plan for Fiscal 1994. the Board of the Authority shall 
submit such materials at least ono month 2 months prior to the proposed 
effective date of a budget or Supplemental Tax. 

(c) The Board of Estimates shall review and consider any 
request by the Authority regarding adjustments to reflect existing occupancy 



113 



Ord. No. 57 



of properties. Such adjustments shall be matters of policy and not decisions 
on specific properties. 

(d) In considering a proposed budget and schedule of taxes and 
charges, the Board of Estimates shall not have the power to exceed or 
increase either the budget or the schedule of taxes, rates and charges beyond 
those proposed by the Authority. 

(e) The Board of Estimates shall review and approve the initial 
by-laws of the Authority and any proposed amendments thereto. 

(0 The Board of Estimates shall be the final arbiter and 
decision maker regarding the approval and renewal ef process for the District 
specified in this ordinance. 

(g) The Board of Eotimatoo ohall moke a rooommondation to 
the Counoil regarding the ronowol of the Diotriot ao opooified in thi s 
ordinance 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall go into effect immediately upon enactment; however, the Authority shall 
not impose any taxes or charges until the approval process set forth below is 
completed and certified by the Board of Estimates: 

(a) Protest Period : Upon enactment of this ordinance, there 
shall ensue a thirty day period within which the Board of Estimates is directed 
to accept notarized petitions of protest (the "Protest Period"). Notices shall 
be provided to each property affected by this ordinance regarding the passage 
of the ordinance and the rights of protest available hereunder. Such petitions 
shall be on any form which, to the satisfaction of the Board of Estimates, 
specifies the location of the property, the name of the owner and such 
additional information as would enable the Director of Finance to certify the 
current assessment of such property. 

(b) Assessable Base and Ownership : The Board of Estimates 
shall obtain from the Director of Finance the "Assessable Base" of the 
District, which shall constitute a listing by property and a calculation of the 
sum of assessments on properties subject to the Supplemental Tax. The 
Assessable Base shall provide the total assessable value for purposes of 
calculating voting percentages by value. The Board of Estimates shall also 
obtain from the Director of Finance a list of all properties and their owners, 
each property thereby counting as one vote regardless of the number of 
owners (the "Ownership Roll"). The Ownership Roll shall be used to 
determine votes based on the number of property owners. In the event of 



114 



Ord. No. 57 



dispute or uncertainty, the Board of Estimates shall determine, with finality, 
the Assessable Base and Ownership Roll upon which the procedures shall be 



(c) Percentage Opposition : If within the Protest Period, the 
Board of Estimates does not receive protests (the "Base Level Protests"), 
determined to be valid by the Board of Estimates, either (i) representing 
property owners owning more than forty percent (40%) of the Assessable 
Base, or (ii) representing the same percentage of property owners from the 
Ownership Roll, the Authority shall, at the conclusion of the Protest Period, 
be certified as approved for operations. In the event of a dispute as to 
ownership or representation, the Board shall disregard the protest unless 
satisfied as to the person properly authorized to act on behalf of the property 
owner. If protests in excess of the Base Level Protests are received, the 
Board of Estimates shall establish procedures it deems appropriate for a 
referendum of property owners within the District, to determine whether 
property owners of at least fifty percent (50%) of both the Assessable Base 
and the Ownership Roll are in support of the District. Such a referendum 
shall be conducted and completed within thirty days after the end of the 
Protest Period. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the Authority 
and the District shall be subject to the following provisions regarding renewal 
and expiration: 

(a) Renewal : It is the expectation of the Council that the 
District will be successful. No sooner than four years and no later than five 
years from the passage of this ordinance, the Council shall hold one or more 
public hearings to evaluate the activities and undertakings of the Authority 
and the District. At the conclusion of the hearings, the Council shall utilize 
the procedures described in Section 1 1 above to determine whether the 
opposition in excess of the Base Level Protests exists to the continuation of 
the District. If such opposition exists, the Board of Estimates shall conduct a 
referendum comparable to that described in Section 1 1 to determine whether 
the District is to continue for another five years. This process shall be 
repeated periodically to satisfy the requirements of the Enabling Legislation. 

(b) Expiration : In the event that the District and the Authority 
are either not approved through the process described in Sec. 11 of this 
Ordinance, or are renewed as provided above, the Authority shall cease its 
operations, and the District shall cease to exist, with the end of the fiscal year 
of the City in which such terminating ordinanoo m adopted event occurs . The 
Authority shall continue its existence only so long as is necessary to terminate 
operations in a reasonable fashion and to arrange for the refunding of all 



115 



Ord. No. 57 



funds not needed to satisfy outstanding obligations and reserves for uncertain 
obligations and liabilities. 

SEC. 13. AND BE IT FURTHER ORDAINED, That it is the intent 
of the Council that involvement by minorities in the business community and 
in the affairs of the District is to be encouraged. Accordingly, City policies 
regarding the achievement of goals for minority and women's business 
enterprises shall apply to the District and the Authority, and furthermore, the 
Authority is encouraged to seek means by which greater minority involvement 
can take place with the District and the larger central business district of the 
city. 

SEC. 14. AND BE IT FURTHER ORDAINED, That the provisions 
of this ordinance are severable, and if any provision, sentence, clause, section 
or part thereof is held illegal, invalid or unconstitutional, or inapplicable to 
any person or circumstances, such illegality, invalidity or unconstitutionality 
or inapplicability shall not affect or impair any of the remaining provisions, 
sentences, clauses, sections or parts of the ordinance or their application to 
other persons or circumstances. It is hereby declared to be the legislative 
intent that this ordinance would have been adopted if such illegal, invalid or 
unconstitutional provisions, sentence, clause, section or part had not been 
included therein, or as if the person or circumstances to which the ordinance 
or any part thereof is inapplicable had been specifically exempted therefrom. 

SEC. 15. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on July 1, 1992. 

EXHIBIT A 

* 

DISTRICT BOUNDARIES 

The Boundaries of the Downtown Management District are: 

Beginning at the point of intersection of the center lines of Greene 
Street and Saratoga Street; then, east along the center line of Saratoga Street 
to a point of intersection with an alley located immediately west of Howard 
Street; then north along the center line of said alley to intersect with the 
center line of Franklin Street; then east along the center line of Franklin 
Street to intersect with the property line between Lot 4 and Lot 5 of Block 
55 1 ; then north along that property line continuing across Hamilton Street to 
intersect with the center line of W. Centre Street; then east on Centre Street 
to intersect with the center line of 1-83; then south and southeast on 1-83 to 
intersect with the center line of the Fallsway; then south on the center line of 
the Fallsway to a point of intersection with the center line of Pratt Street; then 



116 



Ord. No. 58 



west along the center line of Pratt Street to the center line of Light Street; 
then south on the center line of Light Street to intersect with the center line of 
Lee Street; then west on Lee Street to intersect with the center line of Charles 
Street; then north on Charles Street to intersect with the center line of 
Conway Street; then west along the center line of Conway Street to the center 
line of Sharp Street; then north on the center line of Sharp Street to intersect 
with the center line of Camden Street; then west along the center line of 
Camden Street to intersect with the center line of Greene Street; then north 
along the center line of Greene Street to the point of beginning. 

Exhibit A-l 

Adjacent Area A-l is hereby defined as that area bounded generally by 
Franklin Street to the south, Eutaw Street to the west. Martin Luther King. 
Jr. Boulevard and Read Street to the north, and Park Avenue to the east. As 
of January 1. 1993. the Downtown Management District shall be 
automatically expanded to encompass and include adjacent Area A-l 

EXHIBIT B 

MEMBERS OF THE INITIAL INTERIM BOARD OF THE AUTHORITY 



H. GRANT HATHAWAY 

MILT ROSENBAUM 

LAURIE B. SCHWARTZ 

WALTER SONDHEIM, JR. 

OTIS WARREN, JR. 



Approved June 29, 1992 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 58 

(Council Bill No. 142) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION 
MAYORALTY RELATED - MISCELLANEOUS GENERAL EXPENSES 

$375,000 

117 



Ord. No. 58 



FOR the purpose of providing a supplementary General Fund Operating 
appropriation in the amount of $375,000 to Mayoralty Related - 
Miscellaneous General Expenses (Program 122) for legal fees related 
to the defense of the City in "Superfund" litigation. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding from 
the Fiscal 1991 General Fund Reserve - Super fund Litigation in excess of the 
amount from this source estimated and relied upon by the Board of Estimates 
in determining the tax levy required to balance the budget for the 1992 fiscal 
year, and said money is therefore available for appropriation to Mayoralty 
Related - Miscellaneous General Expenses (Program 122) pursuant to the 
provisions of Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 
1st day of April, 1992, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $375,000 shall be made available to the Mayoralty Related - Miscellaneous 
General Expenses (Program 122) as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1992 to provide legal fees 
related to the defense of the City in "Superfund" litigation which could not 
reasonably be anticipated at the time of formulation of the proposed Fiscal 
1992 Ordinance of Estimates. The amount thus made available as a 
supplementary General Fund Operating appropriation shall be provided from 
Fiscal 1991 General Fund Reserve - Superfund Litigation in excess of the 
amount from this source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the budget for the 
1992 fiscal year; and said funds from said Fiscal 1991 General Fund Reserve 



118 



Ord. No. 59 



- Superfund Litigation shall be the source of revenue for this supplementary 
General Fund Operating appropriation as required by Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 59 

(Council Bill No. 143) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
MAYORALTY RELATED - MISCELLANEOUS GENERAL EXPENSES - 

$599,812 

FOR the purpose of providing a supplementary General Fund Operating 
appropriation in the amount of $599,812 to Mayoralty Related - 
Miscellaneous General Expenses (Program 122) for legal fees related 
to the City's asbestos litigation. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding from 
the Manville Property Damage Settlement in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1992 fiscal year, and said 
money is therefore available for appropriation to Mayoralty Related - 
Miscellaneous General Expenses (Program 122) pursuant to the provisions of 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 

119 



Ord. No. 60 



formulation of the current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 
1st day of April, 1992, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $599,812 shall be made available to the Mayoralty Related - Miscellaneous 
General Expenses (Program 122) as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1992 to provide legal fees 
related to the City's asbestos litigation which could not reasonably be 
anticipated at the time of formulation of the proposed Fiscal 1992 Ordinance 
of Estimates. The amount thus made available as a supplementary General 
Fund Operating appropriation shall be provided from the Manville Property 
Damage Settlement in excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1992 fiscal year; and said funds from 
said Manville Property Damage Settlement shall be the source of revenue for 
this supplementary General Fund Operating appropriation as required by 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take-effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 60 

(Council Bill No. 204) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION 
DEPARTMENT OF PUBLIC WORKS - $1,200,000 

120 



Ord. No. 60 



FOR the purpose of providing a supplementary Special Fund Operating 
appropriation in the amount of $1,200,000 to the Department of 
Public Works - Water Utility Fund (Program 552) to provide 
additional operating expenses for power costs. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents water revenue 
in excess of the amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to balance the budget 
for the 1992 fiscal year, and said money is therefore available for 
appropriation to the Department of Public Works - Water Utility Fund 
(Program 552) pursuant to the provisions of Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Special Fund Operating 
appropriation has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 
6th day of May, 1992, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $1,200,000 shall be made available to the Department of Public Works - 
Water Utility Fund (Program 552) as a supplementary Special Fund Operating 
appropriation for the fiscal year ending June 30, 1992 for additional operating 
expenses for power costs which could not reasonably be anticipated at the 
time of formulation of the proposed fiscal 1992 Ordinance of Estimates. The 
amount thus made available as a supplementary Special Fund Operating 
appropriation shall be expended from water revenues in excess of the amount 
from this source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the budget for the 
1992 fiscal year; and said funds from said water revenues shall be the source 
of revenue for this supplementary Special Fund Operating appropriation as 



121 



Ord. No. 61 



required by Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 61 

(Council Bill No. 223) 

AN ORDINANCE concerning 

ORDINANCE OF ESTIMATES FOR THE FISCAL YEAR 
ENDING JUNE 30, 1993 

FOR the purpose of providing the appropriations estimated to be needed by 
each agency of the City of Baltimore for operating programs and 
capital projects during the fiscal 1993 year. 

BY authority of 

Article VI - Board of Estimates 

Section 2 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the following amounts or so much 
thereof as shall be sufficient are hereby appropriated subject to the provisions 
hereinafter set forth for the purpose of carrying out the programs included in 
the operating budget and the projects listed in the capital budget from the 
amounts estimated to be available in the designated funds during the fiscal 
year ending June 30, 1993 

A. OPERATING BUDGET 

CIVIL SERVICE COMMISSION 

160 PERSONNEL ADMINISTRATION 

General Fund Appropriation $ 1,921,309 



122 



Ord. No. 61 



COMMUNITY RELATIONS COMMISSION 

156 DEVELOPMENT OF INTERGROUP RELATIONS 

General Fund Appropriation $ 813,580 

Federal Fund Appropriation $ 105,722 

COMPTROLLER, DEPARTMENT OF 

130 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 416,312 

131 AUDITS 

General Fund Appropriation $ 1,436,804 

Special Fund Appropriation $ 198,693 

132 REAL ESTATE ACQUISITION 

AND MANAGEMENT 

General Fund Appropriation $ 559,922 

135 INSURANCE ON CITY FACILITIES 

General Fund Appropriation $ 52,442 

596 MANAGEMENT OF LEASED PROPERTIES 

General Fund Appropriation $ 1,262,088 

COUNCIL, CITY 

100 CITY LEGISLATION 

General Fund Appropriation $ 3,045,918 

COUNCILMANIC SERVICES, OFFICE OF 

103 COUNCILMANIC SERVICES 

General Fund Appropriation $ 278,955 

COURTS 

110 CIRCUIT COURT 

General Fund Appropriation $ 6,684,298 

Federal Fund Appropriation $ 234,139 

State Fund Appropriation $ 645,409 

112 ORPHANS* COURT 

General Fund Appropriation $ 289,442 

EDUCATION, DEPARTMENT OF 

728 BOARD OF SCHOOL COMMISSIONERS 

Education Fund Appropriation $ 296,181 



123 



Ord. No. 61 



729 OFFICE OF THE SUPERINTENDENT 

Education Fund Appropriation $ 1,522,634 

Federal Fund Appropriation $ 67,633 

731 PLANNING, RESEARCH, AND EVALUATION 

Education Fund Appropriation $ 994,231 

Federal Fund Appropriation $ 961,751 

State Fund Appropriation $ 710 

Special Fund Appropriation $ 1,916 

732 CURRICULUM DEVELOPMENT 

Education Fund Appropriation $ 2,429,141 

Federal Fund Appropriation $ 1,380,263 

741 ELEMENTARY SCHOOL MANAGEMENT 

Education Fund Appropriation $ 532,575 

Federal Fund Appropriation $ 15,000 

742 SECONDARY SCHOOL MANAGEMENT 

Education Fund Appropriation $ 535,142 

Special Fund Appropriation $ 26,499 

743 GENERAL INSTRUCTION 

Education Fund Appropriation $ 225,128,322 

Federal Fund Appropriation $ 47,246,504 

State Fund Appropriation $ 10,742,353 

Special Fund Appropriation $ 1,172,269 

744 OTHER INSTRUCTIONAL SERVICES 

Education Fund Appropriation $ 9,907,827 

Federal Fund Appropriation $ 46,925 

State Fund Appropriation $ 1,754,167 

Special Fund Appropriation $ 29,919 

745 FIELD INSTRUCTIONAL SERVICES 

Education Fund Appropriation $ 1,495,513 

Federal Fund Appropriation $ 929,587 

746 STUDENT SERVICES 

Education Fund Appropriation $ 3,890,174 

Federal Fund Appropriation $ 268,486 

State Fund Appropriation $ 272,046 

Special Fund Appropriation $ 240,426 

751 SPECIAL EDUCATION SERVICES 

Education Fund Appropriation $ 2,726,679 

Federal Fund Appropriation $ 1,509,256 

752 VOCATIONAL AND ADULT/ ALTERNATIVE 

PROGRAMS MANAGEMENT 

Education Fund Appropriation $ 866,388 

Federal Fund Appropriation $ 353,113 

State Fund Appropriation $ 55,252 



124 



Ord. No. 61 



753 COMPENSATORY SERVICES MANAGEMENT 

Education Fund Appropriation $ 194,869 

Federal Fund Appropriation $ 2,384,482 

State Fund Appropriation $ 554,466 

754 VOCATIONAL INSTRUCTION 

Education Fund Appropriation $ 13,723,788 

Federal Fund Appropriation $ 2,188,463 

State Fund Appropriation $ 794,634 

755 ADULT/ALTERNATIVE INSTRUCTION 

Education Fund Appropriation $ 6,782,436 

Federal Fund Appropriation $ 655,429 

State Fund Appropriation $ 44,325 

756 SPECIAL INSTRUCTION 

Education Fund Appropriation $ 97,565,657 

Federal Fund Appropriation $ 4,275,158 

State Fund Appropriation $ 438,643 

Special Fund Appropriation $ 11 ,450 

757 SPECIAL VOCATIONAL INSTRUCTION 

Education Fund Appropriation $ 5,151,778 

Federal Fund Appropriation $ 495,851 

State Fund Appropriation $ 18,677 

758 GIFTED AND TALENTED INSTRUCTION 

Education Fund Appropriation $ 2,404,133 

Federal Fund Appropriation $ 84,000 

761 MANAGEMENT SERVICES ADMINISTRATION 

Education Fund Appropriation $ 133,349 

762 FOOD SERVICES 

Education Fund Appropriation .... $ 45,000 

federal Fund Appropriation $ 18,462,823 

State Fund Appropriation $ 1,980,363 

Special Fund Appropriation $ 5,049,161 

763 FISCAL MANAGEMENT 

Education Fund Appropriation $ 819,210 

Federal Fund Appropriation $ 567,836 

State Fund Appropriation $ 489 

Special Fund Appropriation $ 1,319 

764 TRANSPORTATION 
Motor Vehicle Fund Appropriation ... $ 3,654,000 

Education Fund Appropriation $ 13,336,292 

Federal Fund Appropriation $ 566,685 

State Fund Appropriation $ 7,290,726 

765 PROCUREMENT 

Education Fund Appropriation $ 1,060,075 

Federal Fund Appropriation $ 355,934 



125 



Ord. No. 61 



State Fund Appropriation $ 615 

Special Fund Appropriation $ 1,661 

766 DATA PROCESSING 

Education Fund Appropriation $ 5,029,237 

Federal Fund Appropriation $ 1,163,580 

State Fund Appropriation $ 1,470 

Special Fund Appropriation $ 3,969 

767 FACILITIES 

Education Fund Appropriation $ 60,952,567 

768 SCHOOL POLICE 

Education Fund Appropriation $ 4,984,698 

769 LABOR RELATIONS AND HUMAN RESOURCES 

Education Fund Appropriation $ 2,536,997 

Federal Fund Appropriation $ 784,359 

State Fund Appropriation $ 50,359 

Special Fund Appropriation $ 2,458 

780 EXTERNAL RELATIONS 

Education Fund Appropriation $ 2,894,928 

State Fund Appropriation $ 58,218 

ELECTIONS, SUPERVISORS OF 

180 VOTER REGISTRATION AND CONDUCT OF ELECTIONS 

General Fund Appropriation $ 2,156,396 

EMPLOYEES* RETIREMENT SYSTEMS, BOARD OF TRUSTEES OF 

152 ADMINISTRATION, EMPLOYEES' RETIREMENT SYSTEM 

.-Special Fund Appropriation $ 2,112,671 

FINANCE, DEPARTMENT OF 

140 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 404,290 

1 I BUDGET AND MANAGEMENT RESEARCH 

General Fund Appropriation $ 1,181,369 

144 PURCHASING 

General Fund Appropriation $ 3,863,165 

147 MANAGEMENT INFORMATION SERVICES 

General Fund Appropriation $ 4,081,220 

148 BUREAU OF ACCOUNTING OPERATIONS 

General Fund Appropriation $ 2,452,159 

Loan & Guarantee Enterprise 

Fund Appropriation $ 3,546,006 



126 



Ord. No. 61 



150 TREASURY MANAGEMENT 

General Fund Appropriation $ 1,322,735 

FIRE, DEPARTMENT OF 

210 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 2,044,478 

211 TRAINING 

General Fund Appropriation $ 634,798 

212 FIRE SUPPRESSION 

General Fund Appropriation $ 76,099,490 

State Fund Appropriation $ 400,000 

213 FIRE PREVENTION 

General Fund Appropriation $ 2,077,778 

215 FIRE ALARM AND COMMUNICATIONS 

General Fund Appropriation $ 2,821,602 

217 EQUIPMENT MAINTENANCE 

General Fund Appropriation $ 1,862,261 

219 NON-ACTUARIAL RETIREMENT BENEFITS 

General Fund Appropriation $ 1,205,000 

319 AMBULANCE SERVICE 

General Fund Appropriation $ 7,335,249 

State Fund Appropriation $ 160,000 

Special Fund Appropriation $ 1,041,159 

HEALTH, DEPARTMENT OF 

240 ANIMAL CONTROL 

General Fund Appropriation $ 1,254,277 

300 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 2,872,466 

Federal Fund Appropriation $ 134,222 

State Fund Appropriation $ 67,000 

302 ENVIRONMENTAL HEALTH 

General Fund Appropriation $ 2,139,746 

Federal Fund Appropriation $ 356,543 

State Fund Appropriation $ 72,895 

303 SPECIAL PURPOSE GRANTS 

General Fund Appropriation $ 397,719 

State Fund Appropriation $ 1,588,500 

Special Fund Appropriation $ 439,547 

304 CLINICAL SERVICES 

General Fund Appropriation $ 2,560,318 



127 



Ord. No. 61 



Federal Fund Appropriation $ 32,906,530 

State Fund Appropriation $ 602,331 

305 MATERNAL AND INFANT SERVICES 

General Fund Appropriation $ 110,733 

Federal Fund Appropriation $ 5,008,454 

State Fund Appropriation $ 1,368,536 

306 GENERAL NURSING SERVICES 

General Fund Appropriation $ 1,968,052 

State Fund Appropriation $ 2,173,188 

307 MENTAL HEALTH SERVICES 

General Fund Appropriation $ 1,081,590 

Federal Fund Appropriation $ 32,643,547 

State Fund Appropriation $ 310,140 

Special Fund Appropriation $ 100,000 

308 CHILDREN AND YOUTH SERVICES 

General Fund Appropriation $ 1,086,703 

Federal Fund Appropriation $ 9,211,326 

310 SCHOOL HEALTH SERVICES 

General Fund Appropriation $ 3,945,134 

Federal Fund Appropriation $ 4,390,410 

State Fund Appropriation $ 1,146,758 

311 HEALTH SERVICES FOR THE AGING 

General Fund Appropriation $ 267,133 

Federal Fund Appropriation $ 4,210,503 

HOUSING AND COMMUNITY DEVELOPMENT, DEPARTMENT OF 

119 MAYOR'S STATIONS 

.General Fund Appropriation $ 636,502 

Federal Fund Appropriation $ 617,864 

177 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 377,025 

Federal Fund Appropriation $ 601,487 

260 CONSTRUCTION AND BUILDING INSPECTION 

General Fund Appropriation $ 2,369,935 

Federal Fund Appropriation $ 1,299,303 

570 PRESERVATION OF HISTORIC PLACES 

General Fund Appropriation $ 146,668 

Federal Fund Appropriation $ 56,610 

Special Fund Appropriation $ 18,000 

582 FINANCE AND DEVELOPMENT 

General Fund Appropriation $ 1,507,204 

Federal Fund Appropriation $ 2,380,636 



128 



Ord. No. 61 



583 NEIGHBORHOOD SERVICES 

General Fund Appropriation $ 6,840,502 

Federal Fund Appropriation $ 1,251,302 

State Fund Appropriation $ 55,000 

585 BALTIMORE DEVELOPMENT CORPORATION 

General Fund Appropriation $ 2,072,962 

Federal Fund Appropriation $ 400,000 

Special Fund Appropriation $ 380,700 

593 COMMUNITY SUPPORT PROJECTS 

General Fund Appropriation $ 100,000 

Federal Fund Appropriation $ 5,615,698 

State Fund Appropriation $ 1,500,000 

597 WEATHERIZATION 

State Fund Appropriation $ 1,299,987 

Special Fund Appropriation $ 93,000 

LAW, DEPARTMENT OF 

175 LEGAL SERVICES 

General Fund Appropriation $ 5,425,727 

LEGISLATIVE REFERENCE, DEPARTMENT OF 

106 LEGISLATIVE REFERENCE SERVICES 

General Fund Appropriation $ 319,097 

Special Fund Appropriation $ 87,294 

107 ARCHIVES AND RECORDS MANAGEMENT 

General Fund Appropriation $ 243,631 

* 

LIBRARY, ENOCH PRATT FREE 

450 ADMINISTRATIVE AND TECHNICAL SERVICES 

General Fund Appropriation $ 338,975 

State Fund Appropriation $ 40,000 

Special Fund Appropriation $ 60,078 

452 EXTENSION SERVICES 

General Fund Appropriation $ 8,461,351 

453 STATE LIBRARY RESOURCE CENTER 

General Fund Appropriation $ 4,673,587 

State Fund Appropriation $ 4,858,479 



129 



Ord. No. 61 



LIQUOR LICENSE COMMISSIONERS, BOARD OF 

250 LIQUOR CONTROL 

General Fund Appropriation $ 1,012,421 

MAYORALTY 

125 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 2,832,464 

127 TASK FORCE FOR LIAISON 

WITH GENERAL ASSEMBLY 

General Fund Appropriation $ 399,824 

350 OFFICE OF CHILDREN AND YOUTH 

General Fund Appropriation $ 243,468 

State Fund Appropriation $ 110,500 

599 OFFICE OF INTERNATIONAL PROGRAMS 

General Fund Appropriation $ 162,850 

MAYORALTY-RELATED 

492 PROMOTION OF ART AND CULTURE 

General Fund Appropriation $ 651,282 

Federal Fund Appropriation $ 12,000 

State Fund Appropriation $ 107,071 

Special Fund Appropriation $ 390,648 

493 ART AND CULTURE GRANTS 

General Fund Appropriation $ 4,307,337 

572 CABLE AND COMMUNICATIONS COORDINATION 

General Fund Appropriation $ 619,967 

Special Fund Appropriation $ 65,800 

590 CIVIC PROMOTION 

General Fund Appropriation $ 4,153,226 

120 PROMOTION OF EQUAL RIGHTS FOR WOMEN 

General Fund Appropriation $ 162,552 

Special Fund Appropriation $ 7,000 

324 AGING AND RETIREMENT EDUCATION 

General Fund Appropriation $ 666,799 

Motor Vehicle Fund Appropriation . . $ 225,000 

Federal Fund Appropriation $ 5,783,190 

State Fund Appropriation $ 2,801,310 

Special Fund Appropriation $ 108,328 

129 CONDITIONAL PURCHASE AGREEMENT PAYMENTS 

General Fund Appropriation $ 12,370,115 

Loan & Guarantee Enterprise 

130 



Ord. No. 61 



Fund Appropriation $ 211,756 

Motor Vehicle Fund Appropriation . . $ 158,415 

Education Fund Appropriation .... $ 83,654 

Federal Fund Appropriation $ 51,862 

Special Fund Appropriation $ 21,960 

121 CONTINGENT FUND 

General Fund Appropriation $ 1,000,000 

531 CONVENTION CENTER OPERATIONS 

General Fund Appropriation $ 4,773,847 

40 BALTIMORE ARENA OPERATIONS 

General Fund Appropriation $ 650,000 

224 MAYOR'S COORDINATING COUNCIL 

ON CRIMINAL JUSTICE 

General Fund Appropriation $ 362,263 

Federal Fund Appropriation $ 445,611 

Special Fund Appropriation $ 296,500 

123 GENERAL DEBT SERVICE 

General Fund Appropriation $ 52,575,968 

Loan & Guarantee Enterprise 

Fund Appropriation $ 111,366 

Motor Vehicle Fund Appropriation ... $ 20,609,031 

Education Fund Appropriation $ 190,525 

446 EDUCATIONAL GRANTS 

General Fund Appropriation $ 1,288,699 

385 HEALTH AND WELFARE GRANTS 

General Fund Appropriation $ 118,023 

128 LABOR RELATIONS 

General Fund Appropriation $ 337,597 

352 LOCAL SHARE TO CITY SCHOOLS 

General Fund Appropriation $ 177,119,000 

122 MISCELLANEOUS GENERAL EXPENSES 

General Fund Appropriation $ 6,529,591 

538 MUNICIPAL MARKETS ADMINISTRATION 

General Fund Appropriation $ 1,629,178 

630 ADMINISTRATION (TITLE I) 

General Fund Appropriation $ 141,301 

631 JOB TRAINING PARTNERSHIP 

(TITLES H AND HI) 

Federal Fund Appropriation $ 13,556,231 

633 YOUTH INITIATIVES 

Federal Fund Appropriation $ 700,000 

639 SPECIAL SERVICES 

General Fund Appropriation $ 475,625 

Federal Fund Appropriation $ 9,511,766 



131 



Ord. No. 61 



State Fund Appropriation $ 3,932,916 

351 RETIREES' HEALTH BENEFITS 

General Fund Appropriation $ 35,597,407 

126 CONTRIBUTION TO SELF- 

INSURA CE FUND 

General I and Appropriation $ 14,044,377 

Motor Vehicle Fund Appropriation ... $ 2,934,600 

MUSEUM OF ART 

489 OPERATION OF MUSEUM OF ART 

General Fund Appropriation $ 2,798,524 

OCCUPATIONAL MEDICINE AND SAFETY, OFFICE OF 

167 OCCUPATIONAL MEDICINE AND SAFETY, OFFICE OF 

General Fund Appropriation $ 840,794 

PLANNING, DEPARTMENT OF 

187 CITY PLANNING 

General Fund Appropriation $ 1,780,905 

Motor Vehicle Fund Appropriation . . $ 916,897 

Federal Fund Appropriation $ 520,000 

State Fund Appropriation $ 40,000 

POLICE, DEPARTMENT OF 

200 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 9,861,757 

201 GENERAL PATROL 

General Fund Appropriation $ 102,454,716 

State Fund Appropriation $ 5,000,000 

202 INVESTIGATIONS 

General Fund Appropriation $ 15,599,887 

Federal Fund Appropriation $ 125,000 

Special Fund Appropriation $ 220,000 

203 TRAFFIC 

Motor Vehicle Fund Appropriation ... $ 8,693,237 

Federal Fund Appropriation $ 30,000 

State Fund Appropriation $ 42,000 

204 SERVICES BUREAU 

General Fund Appropriation $ 18,343,486 

Special Fund Appropriation $ 1,695,336 



132 



Ord. No. 61 



205 NON-ACTUARIAL RETIREMENT BENEFITS 

General Fund Appropriation $ 10,815,000 

207 SPECIAL OPERATIONS 

General Fund Appropriation $ 17,366,237 

PUBLIC WORKS, DEPARTMENT OF 



190 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 784,308 

192 GENERAL SERVICES ADMINISTRATION 

General Fund Appropriation $ 81,217 

193 PUBLIC BUILDING MANAGEMENT 

General Fund Appropriation $ 14,027,499 

194 PUBLIC SERVICES 

General Fund Appropriation $ 1,608,027 

Motor Vehicle Fund Appropriation ... $ 566,751 

195 ABANDONED VEHICLES 

General Fund Appropriation $ 426,109 

Motor Vehicle Fund Appropriation ... $ 4,328,702 

State Fund Appropriation $ 18,000 

243 CONTRACT CONSTRUCTION INSPECTION 

Water Utility Fund Appropriation .... $ 108,529 

244 CONTRACT ADMINISTRATION 

General Fund Appropriation $ 756,243 

Waste Water Utility Fund Appropriation $ 392,989 

Water Utility Fund Appropriation .... $ 143,096 

Motor Vehicle Fund Appropriation ... $ 29,865 

515 SOLID WASTE COLLECTION 

.General Fund Appropriation $ 14,645,639 

Motor Vehicle Fund Appropriation ... $ 16,316,635 

516 SOLID WASTE DISPOSAL 

General Fund Appropriation $ 22,449,892 

Solid Waste Bond Redemption Fund 

Appropriation 

Motor Vehicle Fund Appropriation . . . 

518 MAINTENANCE AND REPAIR OF STORM 

Motor Vehicle Fund Appropriation . . . 

519 SOLID WASTE ENGINEERING AND 

STORM WATER MANAGEMENT 

General Fund Appropriation 

Motor Vehicle Fund Appropriation . . . 
544 MAINTENANCE AND REPAIR OF 
SANITARY SYSTEMS 
Waste Water Utility Fund Appropriation $ 8,899,816 



1,105,000 
1,407,311 
WATER SYSTEMS 
3,876,886 



203,776 
426,530 



133 



Ord. No. 61 



546 WATER DISTRIBUTION, WATER METERS, 

AND INVESTIGATION 

Water Utility Fund Appropriation .... $ 17,992,576 

548 CONDUITS 

General Fund Appropriation $ 1,708,983 

550 WASTE WATER FACILITIES 

Waste Water Utility Fund Appropriation $ 61,689,867 

552 WATER FACILITIES 

Water Utility Fund Appropriation .... $ 18,763,223 

553 WATER ENGINEERING AND ADMINISTRATION 

Water Utility Fund Appropriation .... $ 6,262,031 

554 WASTE WATER ADMINISTRATION 

AND ENGINEERING 

Waste Water Utility Fund Appropriation $ 8,722,861 

555 ENVIRONMENTAL SERVICES DIVISION 

Waste Water Utility Fund Appropriation $ 2,115,106 

Water Utility Fund Appropriation .... $ 303,148 

561 METERED WATER ACCOUNTS 

Water Utility Fund Appropriation .... $ 6,552,600 

565 UTILITY DEBT SERVICE 

Waste Water Utility Fund Appropriation $ 9,362,935 

Water Utility Fund Appropriation .... $ 9,897,630 

RECREATION AND PARKS, DEPARTMENT OF 

471 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 1,925,794 

State Fund Appropriation $ 42,088 

473 MUNICIPAL CONCERTS AND 
OTHER MUSICAL EVENTS 
General Fund Appropriation $ 53,705 

478 GENERAL PARK SERVICES 

General Fund Appropriation $ 12,524,341 

State Fund Appropriation $ 656,743 

479 SPECIAL FACILITIES 

General Fund Appropriation $ 1,928,572 

Special Fund Appropriation $ 577,848 

480 REGULAR RECREATIONAL SERVICES 

General Fund Appropriation $ 12,151,980 

Federal Fund Appropriation $ 150,000 

State Fund Appropriation $ 43,578 

482 SUPPLEMENTARY RECREATIONAL SERVICES 

State Fund Appropriation $ 131,898 

Special Fund Appropriation $ 1,144,380 



134 



Ord. No. 61 



505 PARK AND STREET TREES 

General Fund Appropriation $ 307,903 

Motor Vehicle Fund Appropriation ... $ 1,770,402 

SHERIFF, OFFICE OF 

118 SHERIFF SERVICES 

General Fund Appropriation $ 4,629,630 

SOCIAL SERVICES, DEPARTMENT OF 

365 PUBLIC ASSISTANCE 

General Fund Appropriation $ 560,194 

STATE'S ATTORNEY, OFFICE OF 

115 PROSECUTION OF CRIMINALS 

General Fund Appropriation $ 11,219,800 

Federal Fund Appropriation $ 1,195,013 

Special Fund Appropriation $ 84,555 

TRANSPORTATION, DEPARTMENT OF 

230 ADMINISTRATIVE DIRECTION AND CONTROL 

Motor Vehicle Fund Appropriation ... $ 5,615,703 

Federal Fund Appropriation $ 70,000 

231 TRAFFIC ENGINEERING 

Motor Vehicle Fund Appropriation ... $ 2,462,246 

232 PARKING 

Parking Fund Appropriation $ 3,535,172 

Federal Fund Appropriation $ 112,685 

233 TRAFFIC SIGNS AND STREET MARKINGS 

Motor Vehicle Fund Appropriation ... $ 3,863,381 

State Fund Appropriation $ 12,000 

234 CONSTRUCTION AND MAINTENANCE OF TRAFFIC SIGNALS 

Motor Vehicle Fund Appropriation ... $ 4,296,898 

235 PARKING ENFORCEMENT 

Parking Fund Appropriation $ 3,248,249 

239 TRAFFIC OPERATIONS 

Motor Vehicle Fund Appropriation ... $ 2,161,255 

500 STREET LIGHTING 

Motor Vehicle Fund Appropriation ... $ 15,056,187 

501 PUBLIC STREETS, BRIDGES, AND HIGHWAYS 

Motor Vehicle Fund Appropriation ... $ 24,618,952 



135 



Ord. No. 61 



503 HIGHWAY ADMINISTRATION AND ENGINEERING 

General Fund Appropriation $ 94,716 

Motor Vehicle Fund Appropriation ... $ 547,002 

580 OFF-STREET PARKING FACILITIES 

Parking Enterprise Fund Appropriation $ 13,078,610 

URBAN SERVICES AGENCY 

171 ADMINISTRATION 

General Fund Appropriation $ 1,086,813 

Federal Fund Appropriation $ 356,880 

State Fund Appropriation $ 428,505 

172 NEIGHBORHOOD ORGANIZATION 

• General Fund Appropriation $ 360,961 

Federal Fund Appropriation $ 1,214,277 

State Fund Appropriation $ 1,540,719 

Special Fund Appropriation $ 113,240 

376 DAY CARE 

General Fund Appropriation $ 1,083,227 

395 CHILDREN'S SERVICES 

General Fund Appropriation $ 128,881 

Federal Fund Appropriation $ 8,263,664 

396 ENERGY/WEATHERIZATION SERVICES 

State Fund Appropriation $ 10,828,099 

397 COMMUNITY SUPPORT SERVICES 

General Fund Appropriation $ 213,914 

Federal Fund Appropriation $ 414,008 

State Fund Appropriation $ 766,326 

426 EDUCATION 

Federal Fund Appropriation $ 399,135 

WAGE COMMISSION 

165 WAGE ENFORCEMENT 

General Fund Appropriation $ 178,320 

WAR MEMORIAL COMMISSION 

487 OPERATION OF WAR MEMORIAL BUILDING 

General Fund Appropriation $ 236,534 

ZONING APPEALS, DEPARTMENT OF MUNICIPAL AND 



136 



Ord. No. 61 



185 ZONING, TAX, AND OTHER APPEALS 

General Fund Appropriation $ 354,316 

INTERNAL SERVICE FUND AUTHORIZATIONS 

Civil Service Commission 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the operation of 
the Unemployment Insurance Function, the costs of which are to be recovered 
from contributions from various Fund sources. 

161 Vision Care Program 

An internal service fund is hereby authorized to provide for the operation of 
an Employee Vision Care Program, the costs of which are to be recovered 
from contributions from various Fund sources. 

Comptroller, Department of 

133 Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide for operation of a 
Municipal Telephone Exchange, the costs of which are to be recovered from 
using agencies. 

136 Municipal Post Office 

An internal service fund is hereby authorized to provide for operation of a 

Municipal Post Office, the costs of which are to be recovered from using 

agencies. 

Finance, Department of 

144 Purchasing 

An internal service fund is hereby authorized to provide for operation of a 
Municipal Reproduction and Printing Service, the costs of which are to be 
recovered from using agencies. 

An internal service fund is hereby authorized to provide for Centralized 
Automotive Parts Warehousing and Inventory, the costs of which are to be 
recovered from using agencies. 

145 Risk Management Services 

An internal service fund is hereby authorized to provide for the operation of 
the Risk Management Office, the costs of which are to be recovered from the 
Self-Insurance Fund. 



137 



Ord. No. 61 



Law, Department of 

175 Legal Services 

An internal service fund is hereby authorized to provide for a Self-Insurance 
Program Covering Automotive Equipment, Police Animal Liability and 
Employee Liability, the costs of which are to be recovered from the Self- 
Insurance Fund. 

Public Works, Department of 

189 Motor Equipment Division 

An internal service fund is hereby authorized to provide for operation of a 
Central Automotive and Mechanical Repair Service, the costs of which are to 
be recovered from using agencies. 

243 Contract Construction Inspection 

An internal service fund is hereby authorized to provide for Inspection of 
Municipal Highway, Bridge and Utility Construction, the costs of which are 
to be recovered from capital project appropriations. 

244 Contract Administration 

An internal service fund is hereby authorized to provide Contract 
Management for Municipal Facilities, the costs of which are to be recovered 
from capital project appropriations. 

Transportation 

239 Traffic Operations 

An internal service fund is hereby authorized to provide for operation of a 
City-owned Two-way Radio System, the costs of which are to be recovered 
from using agencies. 

B. CAPITAL BUDGET 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Capital 
Improvement Appropriations herein made are for the following Construction 
Projects provided that the appropriations will be placed in Construction 
Reserve Accounts at the beginning of the fiscal year and transferred by the 
Board of Estimates to Construction Accounts as project funds are needed. 

EDUCATION, DEPARTMENT OF 

417-109 SYSTEMIC RENOVATIONS - FISCAL YEAR 1993 

City Loan Fund Appropriation $ 1,883,000 



138 



Ord. No. 61 



State Fund Appropriation $ 1,858,000 

418-014 EDMONDSON SENIOR HIGH 

SCHOOL 400-RENOVATION 

City Loan Fund Appropriation $ 306,000 

418-020 SCHOOL CONSTRUCTION - 

ASBESTOS REMOVAL 

City Loan Fund Appropriation $ 460,000 

418-114 WINDSOR HILLS ELEM SCHOOL 87 - RENOVATION 

City Loan Fund Appropriation $ 1,391,000 

State Fund Appropriation $ 1,124,000 

418-189 ASHBURTON ELEM SCHOOL 58 - RENOVATION 

City Loan Fund Appropriation $ 214,000 

418-301 BREHMS LANE ELEM SCHOOL 231 - RENOVATION 

City Loan Fund Appropriation $ 336,000 

418-305 GARRETT HGTS ELEM SCHOOL 212 - RENOVATION 

City Loan Fund Appropriation $ 1,410,000 

State Fund Appropriation $ 1,801,000 

FIRE, DEPARTMENT OF 

208-025 ENGINE 26 AND TRUCK 6 - CONSOLIDATION 

City Loan Fund Appropriation $ 2,000,000 

208-200 FIRE DEPARTMENT FACILITIES - MODERNIZATION 

General Fund Appropriation $ 150,000 

HEALTH, DEPARTMENT OF 

312-007 CHERRY HILL MULTIPURPOSE CENTER-HVAC IMPROV. 
Motor Vehicle Fund Deappropriation . $ (250,000) 

HOUSING AND COMMUNITY DEVELOPMENT, DEPARTMENT OF 



588-202 PARK HEIGHTS 

City Loan Fund Appropriation $ 

CDBG Loan Fund Appropriation .... $ 
588-283 PIMLICO RACE TRACK IMPACT PROGRAM 

State Fund Appropriation $ 

588-284 PIMLICO RACE TRACK IMPACT PROGRAM 

- FISCAL 1992 ADJUSTMENT 

State Fund Deappropriation $ 

588-301 DRUID HEIGHTS 

CDBG Loan Fund Appropriation .... $ 
588-302 HARLEM PARK 

CDBG Loan Fund Appropriation .... $ 



240,000 
513,000 

240,000 



(157,000) 



95,000 



159,000 



139 



Ord. No. 61 



588-303 RESERVOIR HILL 

CDBG Loan Fund Appropriation .... $ 219,000 

588-306 SANDTOWN WINCHESTER 

City Loan Fund Appropriation $ 7,000 

CDBG Loan Fund Appropriation .... $ 244,000 

588-307 UPTON 

CDBG Loan Fund Appropriation .... $ 135,000 

588-308 PENN NORTH 

CDBG Loan Fund Appropriation .... $ 275,000 

588-315 EDGEWOOD CONSERVATION AREA 

City Loan Fund Appropriation $ 50,000 

588-316 CALLAWAY GARRISON CONSERVATION AREAS 

City Loan Fund Appropriation $ 50,000 

588-317 BRUNT STREET HOUSING DEVELOPMENT 

City Loan Fund Appropriation $ 45,000 

588-319 SANDTOWN WINCHESTER ACQUISITION FUND 

City Loan Fund Appropriation $ 782,000 

588-332 PENNSYLVANIA AVENUE COMMERCIAL AREA 

City Loan Fund Appropriation $ 131,000 

588-340 DOLFIELD COMMERCIAL AREA-IMPROVEMENTS 

City Loan Fund Appropriation $ 300,000 

588-403 FRANKLIN SQUARE 

CDBG Loan Fund Appropriation .... $ 304,000 

588-406 POPPLETON 

CDBG Loan Fund Appropriation .... $ 199,000 

588-409 WASHINGTON VILLAGE 

City Loan Fund Appropriation $ 237,000 

588-414 NEHEMIAH HOUSING H 

City Loan Fund Appropriation $ 300,000 

CDBG Loan Fund Appropriation .... $ 300,000 

588-484 FAIRFIELD PUBLIC HOUSING 

CDBG Loan Fund Appropriation .... $ 500,000 

588-489 NU-GOLD BOTTLING PROJECT 

City Loan Fund Appropriation $ 50,000 

588-490 CROSS AND HAMBURG STREET REHABILITATION 

City Loan Fund Appropriation $ 200,000 

CDBG Loan Fund Appropriation .... $ 79,000 

588-491 KOPPERS PROJECT 

City Loan Fund Appropriation $ 263,000 

588-492 IRVINGTON HOUSING PARTNERSHIP 

City Loan Fund Appropriation $ 100,000 

588-493 WASHINGTON VILLAGE HOUSING PARTNERSHIP 

City Loan Fund Appropriation $ 100,000 



140 






Ord. No. 61 



588-505 JONESTOWN 

CDBG Loan Fund Appropriation .... $ 110,000 

588-506 MIDDLE EAST 

City Loan Fund Appropriation $ 10,000 

CDBG Loan Fund Appropriation .... $ 637,000 

588-584 WATERFRONT IMPROVEMENTS 

City Loan Fund Appropriation $ 100,000 

588-589 ARTIST HOUSING 

City Loan Fund Appropriation $ 140,000 

588-601 COLDSTREAM/HOMESTEAD/MONTEBELLO 

CDBG Loan Fund Appropriation .... $ 107,000 

588-602 EAST BALTIMORE MIDWAY 

CDBG Loan Fund Appropriation .... $ 172,000 

588-603 BARCLAY 

CDBG Loan Fund Appropriation .... $ 158,000 

588-604 GREENMOUNT WEST 

CDBG Loan Fund Appropriation .... $ 20,000 

588-605 JOHNSTON SQUARE 

CDBG Loan Fund Appropriation .... $ 171,000 

588-607 OLDTOWN 

CDBG Loan Fund Appropriation .... $ 107,000 

588-615 WAVERLY CONSERVATION AREA 

City Loan Fund Appropriation $ 100,000 

588-684 BROADWAY EAST 

City Loan Fund Appropriation $ 995,000 

CDBG Loan Fund Appropriation .... $ 150,000 

588-802 CITY HOUSING ASSISTANCE PROGRAM LOANS 

CDBG Loan Fund Appropriation .... $ 400,000 

588-803 .DEFERRED LOAN PROGRAM 

CDBG Loan Fund Appropriation .... $ 1,200,000 

588-815 NEHEMIAH HOUSING I 

City Loan Fund Appropriation $ 100,000 

CDBG Loan Fund Appropriation .... $ 766,000 

588-816 REVOLVING LOAN/DEFERRED LOAN PROGRAM 

CDBG Loan Fund Appropriation .... $ 158,000 

588-824 EMERGENCY SHELTER GRANTS 

Federal Fund Appropriation $ 600,000 

588-830 APPROACHWAY IMPROVEMENTS 

City Loan Fund Appropriation $ 100,000 

588-848 HOME PROGRAM 

Federal Fund Appropriation $ 6,000,000 

588-882 PROPERTY MANAGEMENT 

CDBG Loan Fund Appropriation .... $ 750,000 



141 



Ord. No. 61 



588-885 EMERGENCY DEMOLITION 

CDBG Loan Fund Appropriation .... $ 1,681,000 

588-886 CONSERVATION AREAS 

City Loan Fund Appropriation $ 100,000 

588-888 HARDSHIP HOME REPAIR FOR THE ELDERLY 

CDBG Loan Fund Appropriation .... $ 200,000 

588-889 RELOCATION 

CDBG Loan Fund Appropriation .... $ 650,000 

588-893 NEIGHBORHOOD SERVICES AND 

IMPROVEMENT PROGRAM 

City Loan Fund Appropriation $ 800,000 

Mayor and City Council Real Property 

Fund Appropriation $ 600,000 

Other Special Fund Appropriation ... $ 650,000 

588-894 NEIGHBORHOOD INCENTIVE PROGRAM 

City Loan Fund Appropriation $ 200,000 

588-896 VACANT HOUSE INITIATIVE 

City Loan Fund Appropriation .... $ 500,000 

CDBG Loan Fund Appropriation ... $ 700,000 

588-899 CITY-WIDE REHABILITATION 

CDBG Loan Fund Appropriation .... $ 1,209,000 

588-922 BALTIMORE JOBS IN ENERGY 

CDBG Loan Fund Appropriation . . $ 55,000 

588-928 MUTUAL HOUSING OF BALTIMORE 

CDBG Loan Fund Appropriation . . $ 47,000 

588-942 TRI-CHURCHES 

CDBG Loan Fund Appropriation . . $ 75,000 

592-874 RESIDENTIAL REAL LOAN PROGRAM 

City Loan Fund Deappropriation .... $ (15,000,000) 

592-881 COMMUNITY DEVELOPMENT 

FINANCING CORPORATION 

City Loan Fund Appropriation $ 4,000,000 

601-459 PORT COVINGTON BUSINESS PARK - 

DEVELOPMENT 

City Loan Fund Appropriation $ 7,500,000 

601-857 ENTERPRISE DEVELOPMENT FUND 

Mayor and City Council 

Real Property Fund Appropriation . . $ 500,000 

601-858 FUTURE BALTIMORE DEVELOPMENT PROJECTS 

City Loan Fund Appropriation $ 1,000,000 

601-859 DEVELOPMENT PROJECTS - 

SITE IMPROVEMENTS 

Mayor and City Council 

Real Property Fund Appropriation ... $ 3,500,000 



142 



Ord. No. 61 



603 
603 



108 



-109 



603-120 



603-200 



603 
603 
603 



707 



900 



-901 



HARRISON'S WHARF 

CDBG Loan Fund Appropriation ... $ 200,000 

POWER PLANT - CAPITAL MAINTENANCE 

General Fund Appropriation $ 200,000 

Mayor and City Council 

Real Property Fund Deappropriation . . $ (400,000) 

CHRISTOPHER COLUMBUS CENTER - 

CONSTRUCTION 

City Loan Fund Appropriation $ 1,540,000 

Federal Fund Appropriation $ 17,000,000 

Industrial Development Authority 

Fund Appropriation $ 7,140,000 

State Fund Appropriation $ 10,000,000 

INNER HARBOR WEST - 
PUBLIC IMPROVEMENTS 

General Fund Appropriation $ 185,000 

State Fund Appropriation $ 185,000 

MARKET CENTER PUBLIC INITIATIVE 

CDBG Loan Fund Appropriation ... $ 115,000 

CENTER CITY - PUBLIC IMPROVEMENTS 

City Loan Fund Appropriation .... $ 360,000 

DOWNTOWN PARTNERSHIP - IMPROVEMENTS 

City Loan Fund Appropriation .... $ 100,000 

Mayor and City Council 

Real Property Fund Appropriation . . $ 150,000 



LIBRARY, ENOCH PRATT FREE 

457-010 BRANCH LIBRARY HANDICAP ACCESS IMPROVEMENTS 

General Fund Appropriation $ 100,000 

457-019 GOVANS LIBRARY - RENOVATION 

General Fund Appropriation $ 100,000 

Other Special Fund Appropriation . $ 40,000 

457-021 LIBRARIES-PUBLIC ACCESS TECHNOLOGY- 
CIRCULATION 

General Fund Appropriation $ 147,000 

Other Special Fund Appropriation . $ 53,000 

457-022 CD-ROM DATABASE NETWORK SYSTEM 

General Fund Appropriation $ 25,000 

Other Special Fund Appropriation . $ 7,000 

State Fund Appropriation $ 50,000 

457-029 ISDN TELECOMMUNICATION INSTALLATION 

General Fund Appropriation $ 100,000 



143 



Orel. No. 61 



457-055 PATTERSON PARK - RENOVATION 

Genera] Fund Appropriation $ 

MAYORALTY-RELATED 



150,000 



127-034 CITYWIDE FACILITIES IMPROVEMENTS 

General Fund Appropriation $ 75 XX) 

Mayor and City Council 

Real Property Fund Deappropriation . . $ (500,000) 

127-065 NEIGHBORHOOD SENIOR CENTERS - 

IMPROVEMENTS 

City Loan Fund Appropriation $ 1,000,000 

State Fund Appropriation $ 134,000 

127-101 BON SECOURS HOSPITAL - MODERNIZATION 

State Fund Appropriation $ 2,000,000 

483-016 BALTIMORE ZOO- 
INTERNATIONAL VALLEY-RECONS. 

Other Special Fund Appropriation . . $ 175,000 

State Fund Appropriation $ 175,000 

524-005 HOLLINS MARKET - RENOVATIONS 

General Fund Appropriation $ 250,000 

529-020 AQUARIUM - MAIN ENTRANCE - RENOVATION 

Other Special Fund Appropriation ... $ 1,100,000 

529-025 AQUARIUM - RING TANKS - RENOVATION 

Other Special Fund Appropriation . . $ 314,000 

529-030 AQUARIUM - SEA LION POOL - 

CONSTRUCTION 

Other Special Fund Appropriation . . $ 400,000 

534-012 CONVENTION CENTER - 

INTERIOR IMPROVEMENTS 

General Fund Appropriation $ 125,000 

State Fund Appropriation $ 125,000 

534-028 CONVENTION CENTER - CARPET REPLACEMENT 

State Fund Appropriation $ 125,000 

534-030 CONVENTION CENTER - ROOF REPLACEMENT 

General Fund Appropriation $ 125,000 

State Fund Appropriation $ 125,000 

541-040 HOCKEY DASHERS & STORAGE BINS - 

REPLACEMENT 

General Fund Appropriation $ 125,000 



144 



Ord. No. 61 



MUSEUM OF ART 

488-009 MUSEUM OF ART - ROOF REPLACEMENT 

Federal Fund Appropriation $ 600,000 

Mayor and City Council 

Real Property Fund Deappropriation . . $ (500,000) 

488-013 MUSEUM OF ART - WEST WING - 

CONSTRUCTION 

State Fund Appropriation $ 125,000 

488-014 MUSEUM OF ART - EXTERIOR TERRACES - 

REPAIRS 

General Fund Appropriation $ 100,000 

488-016 ART MUSEUM - THERMAL ENERGY STORAGE 

Other Special Fund Appropriation . . $ 433,000 

State Fund Appropriation $ 125,000 

MUSEUMS, BALTIMORE CITY LIFE 

491-005 BALTIMORE HISTORY MUSEUM - 

CONSTRUCTION 

General Fund Appropriation $ 200,000 

Other Special Fund Appropriation .. $ 110,000 

491-011 CARROLL MANSION - RENOVATION 

General Fund Appropriation $ 85,000 

POLICE, DEPARTMENT OF 

206-005 NORTHERN DISTRICT POLICE STATION 

City Loan Fund Appropriation $ 4,500,000 

206-022 POLICE HEADQUARTERS 

Industrial Development Authority 

Fund Appropriation $ 5,860,000 

PUBLIC WORKS, DEPARTMENT OF 

197-012 ARTS TOWER - RENOVATION 

General Fund Appropriation $ 160,000 

197-013 DISTRICT POLICE BUILDINGS - RENOVATION 

General Fund Appropriation $ 140,000 

197-030 PEOPLE'S COURT - IMPROVEMENTS 

General Fund Appropriation $ 110,000 

197-031 GENERAL SERVICES MAINTENANCE BUILDING 

General Fund Appropriation $ 218,000 



145 



Ord. No. 61 



197-052 CITY HALL - RESTORATION 

General Fund Appropriation $ 168,000 

197-092 PUBLIC BUILDINGS 

ROOF REPLACEMENT PROGRAM 

General Fund Appropriation $ 600,000 

197-093 PUBLIC BUILDINGS 

HVAC SYSTEMS IMPROVEMENT 

General Fund Appropriation $ 600,000 

197-134 ASBESTOS MANAGEMENT PROGRAM 

City Loan Fund Appropriation $ 1,000,000 

197-136 UNDERGROUND STORAGE TANK REMOVAL 

General Fund Appropriation $ 500,000 

197-137 FACILITY ACCESSIBILITY MODIFICATIONS 

General Fund Appropriation $ 300,000 

197-138 EMPLOYMENT DEVELOPMENT CENTER 

General Fund Appropriation $ 265,000 

520-067 DRUID PARK RELIEF STORM DRAIN- 
CONSTRUCTION 
Motor Vehicle Fund Appropriation . . $ 132,000 

520-069 NORTH POINT ROAD 

DRAINAGE IMPROVEMENTS 

Motor Vehicle Fund Appropriation . . $ 320,000 

520-099 SMALL STORM DRAIN REPAIRS 

Motor Vehicle Fund Appropriation . $ 67,000 

520-116 BEDFORD PLACE STORM DRAIN 
IMPROVEMENTS 
Motor Vehicle Fund Appropriation . . $ 200,000 

520-129 VIRGINIA AVENUE STORM DRAIN- 
RECONSTRUCTION 
Motor Vehicle Fund Appropriation . . $ 275,000 

520-131 MONUMENT STREET STORM DRAIN- 
REPLACEMENT 
Motor Vehicle Fund Appropriation . . $ 200,000 

520-314 GWYNNS RUN POLLUTION CONTROL 

Motor Vehicle Fund Appropriation . $ 15,000 

520-636 WESTERN RUN AT GLEN AVENUE- 
EROSION CONTROL 
Motor Vehicle Fund Appropriation . $ 40,000 

520-903 STORM DRAIN FACILITIES STUDY 

Motor Vehicle Fund Appropriation . . $ 200,000 

551-139 PATAPSCO PLANT- 
GRIT REMOVAL FACILITIES-CONS. 
County Grant Fund Appropriation ... $ 1,227,000 

Revenue Bond Fund Appropriation . . $ 767,000 



146 



Ord. No. 61 



MAPPING PROGRAM - WASTE WATER SYSTEM 
Waste Water Utility Fund 

Appropriation $ 

551-233 WASTE WATER SYSTEM - 
ANNUAL IMPROVEMENTS 
County Grant Fund Appropriation . . $ 
Revenue Bond Fund Appropriation . . $ 
NITRIFICATION/DENITRIFICATION 

Federal Fund Appropriation $ 

SEWER REPLACEMENT PROJECTS 
Revenue Bond Fund Appropriation . . $ 
COMBINED SEWER SEPARATION PROGRAM 



250,000 



551-327 
551-401 
551-402 
551-404 



Revenue Bond Fund Appropriation . . 
INFILTRATION/INFLOW 
CORRECTION PROGRAM 
Revenue Bond Fund Appropriation . . . 

551-405 HERRING RUN SEWERSHED 
CONVEYANCE SYSTEM-IMP. 
County Grant Fund Appropriation . . 
Revenue Bond Fund Appropriation . . 

551-407 GWYNNS FALLS SEWERSHED 
CONVEYANCE SYSTEM 
County Grant Fund Appropriation . . 
Revenue Bond Fund Appropriation . 

551-408 HIGH LEVEL SEWERSHED 
CONVEYANCE SYSTEM 
Revenue Bond Fund Appropriation . . 

551-409 UPPER JONES FALLS 

CONVEYANCE SYSTEM 

County Grant Fund Appropriation . . 

Revenue Bond Fund Appropriation . . . 

551-423 SEWERAGE METERING STATIONS 
County Grant Fund Appropriation . . 
Revenue Bond Fund Appropriation . . 

551-424 ST. HELENA AVENUE SEWER- 
CONSTRUCTION 
Revenue Bond Fund Appropriation . . $ 

551-425 PATAPSCO STREET SEWER- 
CONSTRUCTION 
Revenue Bond Fund Appropriation . . $ 

551-426 GWYNNS FALLS SEWER PROTECTION 
Revenue Bond Fund Appropriation . . $ 

551-427 POWDER MILL SEWER PROTECTION 
Revenue Bond Fund Appropriation . . $ 



650,000 
650,000 

15,250,000 

400,000 

200,000 



1,000,000 



480,000 
800,000 



220,000 
90,000 



190,000 



348,000 
1,232,000 

230,000 
230,000 



115,000 

100,000 
700,000 
140,000 



147 



Ord. No. 61 



557-012 WATER STORAGE TANKS 

MAINTENANCE PROGRAM 

County Grant Fund Appropriation . 

Revenue Bond Fund Appropriation . 
557-031 WATER SUPPLY SYSTEM - 

ANNUAL IMPROVEMENTS 

County Grant Fund Appropriation . 

Revenue Bond Fund Appropriation . 
557-034 GUILFORD & CROMWELL PUMPING S 

IMPROV. 

County Grant Fund Appropriation . . . 

Revenue Bond Fund Appropriation . . . 
557-041 ASHBURTON PLANT- 
SLUDGE DISPOSAL FACILITIES 

County Grant Fund Appropriation . . . 

Revenue Bond Fund Appropriation . . . 
557-069 PRETTYBOY DAM - REPAIRS 

County Grant Fund Appropriation . . 

Revenue Bond Fund Appropriation . . . 
557-070 WATERSHED ROADS AND BRIDGES 

MAINTENANCE 

County Grant Fund Appropriation . . 

Revenue Bond Fund Appropriation . . . 
557-083 CHLORINE LEAK DETECTION & 

TELEMETRY SYSTEM 

County Grant Fund Appropriation . . 

Revenue Bond Fund Appropriation . . 
557-084 MONTEBELLO PLANT- 

iABORATORY/OFFICE BLDG. 

County Grant Fund Appropriation . 

Revenue Bond Fund Appropriation . 



$ 
$ 


570,000 
200,000 


$ 62,000 
$ 250,000 
STATION- 


$ 
$ 


2,211,000 
1,139,000 


$ 
$ 


1,216,000 
2,212,000 


$ 
$ 


618,000 
1,181,000 


$ 
$ 


777,000 
1,323,000 


$ 
$ 


500,000 
500,000 


$ 
$ 


40,000 
60,000 



557-099 
557-100 
557-101 
557-112 
557-120 



MAPPING PROGRAM - WATER SUPPLY SYSTEM 



Water Utility Fund Appropriation ... $ 
WATER MAIN CLEANING PROGRAM 
Revenue Bond Fund Appropriation ... $ 
WATER MAINS - INSTALLATION 
Revenue Bond Fund Appropriation ... $ 
WATER SYSTEM CATHODIC PROTECTION 
Water Utility Fund Appropriation . . $ 
LEAD PAINT ABATEMENT- 
WATER SUPPLY SYSTEM 
County Grant Fund Appropriation . . $ 
Revenue Bond Fund Appropriation . . $ 



250,000 



4,000,000 



1,000,000 



75,000 



220,000 
380,000 



148 



Ord. No. 61 



557-145 CONOWINGO INTAKE - IMPROVEMENTS 
County Grant Fund Appropriation . . $ 
Revenue Bond Fund Appropriation ... $ 1 

557-149 LOCH RAVEN DAM - REHABILITATION 
County Grant Fund Appropriation . $ 

Revenue Bond Fund Appropriation . . $ 

557-150 ASHBURTON FILTRATION PLANT - 
RENOVATION 

County Grant Fund Appropriation . . $ 
Revenue Bond Fund Appropriation . . $ 

557-151 DRUID LAKE DAM - REHABILITATION 
County Grant Fund Appropriation . $ 
Revenue Bond Fund Appropriation . . $ 

557-300 WATER FACILITIES-ANNUAL IMPROVEMENTS 
County Grant Fund Appropriation . . $ 
Revenue Bond Fund Appropriation . . $ 
VALVE AND HYDRANT REPLACEMENT 



557-400 
557-902 

557-911 
563-001 



Revenue Bond Fund Appropriation . . $ 

MONTEBELLO PLANT 

#1-SEDIMENT BASINS PHASE V 

County Grant Fund Appropriation ... $ 11 

Revenue Bond Fund Appropriation ... $ 18 

HILLEN PUMPING STATION - CONSTRUCTION 

County Grant Fund Appropriation ... $ 1 

CONDUIT CONSTRUCTION RESERVE 

Other Special Fund Appropriation ... $ 1 



650,000 
,080,000 

92,000 
158,000 



185,000 
315,000 

67,000 
108,000 

150,000 
250,000 

250,000 



,100,000 
,900,000 

,350,000 

,000,000 



RECREATION AND PARKS, DEPARTMENT OF 

4 

474-264 STREET TREE PLANTING PROGRAM 

General Fund Appropriation $ 200,000 

474-462 LAKE ROLAND DAM REHABILITATION 

State Fund Appropriation $ 2,125,000 

474-470 PLAYGROUNDS IN LARGE PARKS - EXPANSION 

General Fund Appropriation $ 125,000 

Mayor and City Council 

Real Property Fund Appropriation . $ 12,000 

State Open Space Fund Appropriation $ 375,000 

474-472 THERAPEUTIC RECREATION CENTER- 
REPLACEMENT 

General Fund Appropriation $ 144,000 

State Open Space Fund Appropriation $ 431,000 



149 



Ord. No. 61 



474-477 RECREATION CENTER ROOF REPAIRS- 
FISCAL 1993 

General Fund Appropriation $ 

State Open Space Fund Appropriation $ 

State Open Space Fund Appropriation $ 

474-478 PALM HOUSE - RENOVATION 

General Fund Appropriation $ 

State Open Space Fund Appropriation $ 



168,000 

229,000 

51,000 

88,000 
262,000 



TRANSPORTATION, DEPARTMENT OF 

504-100 FOOTWAY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation . . $ 1 10,000 

Other Special Fund Appropriation ... $ 1,100,000 

504-200 ALLEY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation ... $ 1,500,000 

Other Special Fund Appropriation ... $ 1,500,000 

504-300 SIDEWALKS DAMAGED BY TREE ROOTS - 
REPAIRS 
Motor Vehicle Fund Appropriation . . $ 990,000 

507-001 HIGHWAY PROGRAM CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation ... $ 2,500,000 

Other Special Fund Appropriation . . $ 500,000 

507-002 PROJECT VISION STREETS - RESURFACING 

Federal Fund Appropriation $ 1,085,000 

Motor Vehicle Fund Appropriation . . $ 271,000 

508-152 KEY HIGHWAY - RECONSTRUCTION 

Federal Fund Appropriation $ 4,000,000 

Motor Vehicle Fund Appropriation ... $ 1,000,000 

508-184 MORAVIA ROAD RAMP BRIDGE - REPAIRS 

Federal Fund Appropriation $ 717,000 

Motor Vehicle Fund Appropriation . . $ 179,000 

508-206 PIMLICO ROAD - RECONSTRUCTION 

Federal Fund Appropriation $ 677,000 

Motor Vehicle Fund Appropriation . . $ 225,000 

508-256 VAIL STREET - RELOCATION 

Motor Vehicle Fund Appropriation . . $ 500,000 

508-302 POTEE STREET BRIDGE (BC#5218) 
RECONSTRUCTION 

Federal Fund Appropriation $ 1,020,000 

Motor Vehicle Fund Appropriation . . $ 180,000 

508-314 BALTIMORE STREET BRIDGE (BC#2402) REHAB. 

Motor Vehicle Fund Appropriation . . $ 120,000 



150 



Ord. No. 61 



508-474 FOREST HILL AVENUE - RECONSTRUCTION 
Motor Vehicle Fund Appropriation . . $ 

508-480 MONDAWMIN AVENUE - RECONSTRUCTION 
Motor Vehicle Fund Appropriation . . $ 

508-489 HOUSING & COMMUNITY DEVELOPMENT 
STREET IMPROV. 
Motor Vehicle Fund Appropriation . . $ 

508-498 REISTERSTOWN ROAD 

(NORTHERN PKWY. TO CITY LINE) 

Federal Fund Appropriation $ 

Motor Vehicle Fund Appropriation . . $ 



300,000 



240,000 



500,000 



1,042,000 
261,000 



508-502 INNER HARBOR EAST STREET IMPROVEMENTS 

508-504 

508-682 



1,000,000 



1,650,000 



Motor Vehicle Fund Appropriation ... $ 

BOSTON STREET - RECONSTRUCTION 

Motor Vehicle Fund Appropriation ... $ 

CLIFTON AVENUE BRIDGE 

(BC#2502) RECONSTR. 

Federal Fund Appropriation $ 510,000 

Motor Vehicle Fund Appropriation . $ 90,000 

508-703 MELROSE AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . . $ 700,000 

508-752 BRIDGE INSPECTION PROGRAM 

Federal Fund Appropriation $ 1,200,000 

Motor Vehicle Fund Appropriation . . $ 300,000 

508-846 MAPPING PROGRAM - HIGHWAYS 

Motor Vehicle Fund Appropriation . . $ 185,000 

514-200 LOCAL STREET RESURFACING PROGRAM 

Motor Vehicle Fund Appropriation ... $ 4,000,000 



SEC. 3. AND BE IT FURTHER ORDAINED, That the amounts set forth 
in Section 2 above designated deappropriations and enclosed in parentheses shall 
revert to the surpluses of the respective funds and be available for appropriation 
by this or subsequent ordinances. 

SEC. 4. AND BE IT FURTHER ORDAINED, That (a) the City 
reasonably expects to reimburse the expenditures described in Subsection (b) of 
this Section with the proceeds of one or more borrowings (as such term is used 
in Treas. Reg. Section 1. 103-1 8(c)(2)(i)) to be incurred by the City (or any 
entity controlled by the City within the meaning of Treas. Reg. Section 1.150-1). 
The City intends that this Section of this Ordinance of Estimates (as this 
Ordinance of Estimates may be amended from time to time) shall serve as a 
declaration of the City's reasonable intention to reimburse expenditures as 
required by Treas. Reg. Section 1.103-18. 



151 



Ord. No. 61 

(b) The City intends that this declaration will include all 
reimbursement of expenditures for capital projects or programs approved in the 
capital budget contained in this Ordinance of Estimates to the extent that the City 
has appro riated in this Ordinance of Estimates to pay the cost thereof from one 
or more borrowings to be incurred by the City (or any entity controlled by the 
City within the meaning of Treas. Reg. Section 1.150-1). The term 
"borrowings" (as such term is used in Treas. Reg. Section 1. 103-1 8(c)(2)(i) and 
this Section) includes general obligation bonds and notes, revenue bonds and 
notes, leases, conditional purchase agreements and other obligations of the City 
(or any entity controlled by the City within the meaning of Treas. Reg. Section 
1.150-1). 

(c) The maximum anticipated debt expected to be incurred by the City 
to reimburse the cost of each capital project or program approved in the capital 
budget contained in this Ordinance of Estimates is the applicable appropriation 
listed in this Ordinance of Estimates, which appropriation is from the proceeds 
of one or more borrowings, as such appropriations may be increased or 
decreased. 

SEC. 5. AND BE IT FURTHER ORDAINED, That no part of the 
amounts appropriated in this Ordinance of Estimates shall be made available to 
pay for costs of any capital project not specifically approved through this 
Ordinance of Estimates or without the prior consent of the City Council; and 
provided further that no part of the amounts appropriated in this Ordinance of 
Estimates shall be made available to any agency without the prior approval of the 
City Council to pay for occupancy, by lease or otherwise, of any facility whose 
costs exceed the amounts provided in the detail supporting this Ordinance of 
Estimates. 

SEC. 6. The foregoing appropriations in summary consist of: 



Fund 



Operating 



Total 



General 


787,317,878 


6,704,000 


794,021,878 


Education 


468,214,000 





468,214,000 


Motor Vehicle 


124,535,886 


18,000,000 


142,535,886 


Federal Grants 


229,098,736 


62,561,000 


291,659,736 


Slate Grants 


66,847,489 


21,508,000 


88,355,489 


Water Utility 


60,022,833 


325,000 


60,347,833 


Waste Water Utility 


91,183,574 


250,000 


91,433,574 


Loan & Guarantee 








Enterprise 


3,869,128 





3,869,128 


Parking Enterprise 


13,078,610 





13,078,610 


Special 


15,797,784 


86,627,000* 


102,424,784 


Parking 


6,783,421 





6,783,421 


Solid Waste Bond 








Redemption 


1,105,000 





1,105,000 


City Loan 





20.000.000 


20.000.000 




$1,867,854,339 


$215,975,000 


$2,083,829,339 



152 



Ord. No. 62 



♦Consisting Of: 

County Grants $22,963,000 

Revenue Bonds & Notes $39,920,000 

M&CC Real Property Account $ 3,362,000 

Other Fund Sources $20,382,000 

Approved by the Board of Estimates 



President 



Mayor 



Comptroller 



Director of Public Works 



City Solicitor 



Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 62 

(Council BUI No. 224) 

AN ORDINANCE concerning 

TO LEVY AND COLLECT A TAX 

FOR the use of the Mayor and City Council of Baltimore for the period of July 
1, 1992 through June 30, 1993. 



153 



Ord. No. 63 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That for the period July 1, 1992 through June 
30, 1993, a tax of $5.90 be and the same is hereby levied and imposed on 
every One hundred Dollars ($100.00) of assessed or assessable value of 
property in the City of Baltimore (excepting such property as may by 
provisions of law be exempted from this rate) for the use of the Mayor and 
City Council of Baltimore, and said tax shall be collected and paid in the 
manner prescribed by law. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 63 

(Council Bill No. 225) 

AN ORDINANCE concerning 

SUPPLEMENTARY EDUCATION FUND OPERATING 
APPROPRIATION - BALTIMORE CITY PUBLIC SCHOOLS - $1,200,000 

FOR the purpose of providing a supplementary Education Fund 

Operating appropriation in the amount of $1,200,000 to the Baltimore 
City Public Schools (Program 756 - Special Instruction) to be used for 
additional operating expenses in support of tuition cost of educating 
students in a non-public setting. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding from 
State Aid - Non-Public Placements in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1992 fiscal year, and said money 



154 



I 



Ord. No. 64 



is therefore available for appropriation to the Baltimore City Public Schools 
(Program 756 - Special Instruction) pursuant to the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as amended); 
and 

WHEREAS, The additional sum here appropriated is from sources which 
could not be expected with reasonable certainty at the time of the formulation 
of the current Ordinance of Estimates in accordance with Article VI, Section 
2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating appropriation 
has been recommended to the City Council by the Board of Estimates at a 
regular meeting of the Board held on the 13th day of May, 1992, all in 
accordance with Article VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $1,200,000 shall be made available to the Baltimore City Public Schools 
(Program 756 - Special Instruction) as a supplementary Education Fund 
Operating appropriation for the fiscal year ending June 30, 1992 to provide 
additional operating expenses which could not reasonably be anticipated at the 
time of formulation of the proposed Fiscal 1992 Ordinance of Estimates. The 
amount thus made available as a supplementary Education Fund Operating 
appropriation shall provided by State Aid - Non-Public Placements in excess 
of the amount from this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required to balance the budget 
for the 19$2 fiscal year; and said funds from said State Aid - Non-Public 
Placements shall be the source of revenue for this supplementary Education 
Fund operating appropriation as required by Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 64 



155 



Ord. No. 64 

(Council BUI No. 226) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
HOUSING AND COMMUNITY DEVELOPMENT - $500,000 

FOR the purpose of providing a supplementary General Fund 

Operating appropriation in the amount of $500,000 to Housing and 
Community Development (Program 583) to provide additional 
appropriations for operating expenses. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue from the 
Fiscal 1991 fund balance in excess of the amounts from this source estimated 
and relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1992 fiscal year, and said money is 
therefore available for appropriation to Housing and Community Development 
pursuant to the provisions of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources which 
could not be expected with reasonable certainty at the time of the formulation 
of the current Ordinance of Estimates in accordance with Article VI, Section 
2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating appropriation 
has been recommended to the City Council by the Board of Estimates at a 
regular meeting of the Board held on the 

13th day of May, 1992, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $500,000 shall be made available to Housing and Community Development 
(Program 583) as a supplementary General Fund Operating appropriation for 
the fiscal year ending June 30, 1992 to provide additional appropriations for 
operating expenses which could not reasonably be anticipated at the time of 
formulation of the proposed Fiscal 1992 Ordinance of Estimates. The amount 
thus made available as a supplementary General Fund Operating appropriation 



156 



Ord. No. 65 



shall be expended from the Fiscal 1991 unappropriated fund balance in excess 
of the amount from this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required to balance the budget 
for the 1992 fiscal year; and said funds from said Fiscal 1991 unappropriated 
fund balance shall be the source of revenue for this supplementary General 
Fund Operating appropriation as required by Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 65 

(Council Bill No. 227) 

AN ORDINANCE concerning 

GENERAL FUND OPERATING APPROPRIATION TRANSFER - 

BALTIMORE CITY PUBLIC SCHOOLS TO 

HOUSING AND COMMUNITY DEVELOPMENT - $700,000 

FOR the purpose of transferring a General Fund Operating 

appropriation in the amount of $700,000 from the Baltimore City Public 
Schools (Program 725 - Local Share Support) to Housing and Community 
Development (Program 260 - Construction and Building Inspection) to 
cover expenses not eligible in the Federal Community Development Block 
Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 20) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 



157 



Ord. No. 66 



of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $700,000 was previously appropriated to 
General Fund Operating funds in the Baltimore City Public Schools and said 
$700,000 is now needed for use by Housing and Community Developmer 
and 

WHEREAS, The General Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 13th day of May, 1992, all in 
accordance with Article VI, Section 2(i) of the Baltimore City Charter (1964 
Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$700,000 contained in the 1992 Ordinance of Estimates as a General Fund 
Operating appropriation for the Baltimore City Public Schools (Program 725 - 
Local Share Support) shall be transferred to Housing and Community 
Development (Program 260 - Construction and Building Inspection). The 
amount thus made available to Housing and Community Development will 
cover expenses not eligible in the Federal Community Development Block 
Grant. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved' June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 66 

(Council Bill No. 228) 

AN ORDINANCE concerning 

GENERAL FUND OPERATING APPROPRIATION TRANSFER - 

BALTIMORE CITY PUBLIC SCHOOLS TO 

HOUSING AND COMMUNITY DEVELOPMENT - $270,000 



158 



Ord. No. 66 



FOR the purpose of transferring a General Fund Operating 

appropriation in the amount of $270,000 from the Baltimore City Public 
Schools (Program 725 - Local Share Support) to Housing and Community 
Development (Program 581 - Neighborhood Development) to cover 
expenses not eligible in the Federal Community Development Block 
Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 20) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revisions, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $270,000 was previously appropriated to 
General Fund Operating funds in the Baltimore City Public Schools and said 
$270,000 is now needed for use by Housing and Community Development; 
and 

WHEREAS, The General Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

13th day of May, 1992, all in accordance with Article VI, Section 2(i) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$270,000 contained in the 1992 Ordinance of Estimates as a General Fund 
Operating appropriation for the Baltimore City Public Schools (Program 725 - 
Local Share Support) shall be transferred to Housing and Community 
Development (Program 581 - Neighborhood Development). The amount thus 
made available to Housing and Community Development will cover expenses 
not eligible in the Federal Community Development Block Grant. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 



159 



Ord. No. 67 



Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 67 

(Council BUI No. 229) 

AN ORDINANCE concerning 

GENERAL FUND OPERATING APPROPRIATION TRANSFER - 

BALTIMORE CITY PUBLIC SCHOOLS TO 

HOUSING AND COMMUNITY DEVELOPMENT - $1,127,000 

FOR the purpose of transferring a General Fund Operating 

appropriation in the amount of $1,127,000 from the Baltimore City Public 
Schools (Program 725 - Local Share Support) to Housing and Community 
Development (Program 583 - Neighborhood Services) to cover expenses 
not eligible in the Federal Community Development Block Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $1,127,000 was previously appropriated to 
General Fund Operating funds in the Baltimore City Public Schools and said 
$1,127,000 is now needed for use by Housing and Community Development; 
and 

WHEREAS, The General Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

13th day of May, 1992, all in accordance with Article VI, Section 2(i) of the 
Baltimore City Charter (1964 Revision, as amended). 



160 



Ord. No. 68 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$1,127,000 contained in the 1992 Ordinance of Estimates as a General Fund 
Operating appropriation for the Baltimore City Public Schools (Program 725 - 
Local Share Support) shall be transferred to Housing and Community 
Development (Program 583 - Neighborhood Services). The amount thus 
made available to Housing and Community Development will cover expenses 
not eligible in the Federal Community Development Block Grant. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 68 

(Council Bill No. 230) 

AN ORDINANCE concerning 

FEDERAL FUND OPERATING APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

BALTIMORE CITY PUBLIC SCHOOLS - $535,000 

4 

FOR the purpose of transferring a Federal Fund Operating 

appropriation in the amount of $535,000 from Housing and Community 
Development (Program 593 - Community Support Projects) to the 
Baltimore City Public Schools (Program 725 - Local Shrre Support) to 
cover operating expenses eligible under the Federal Community 
Development Block Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 20) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 



161 



Ord. No. 69 



Board of Estimates, the City Council by ordinance may authorize the transfer 
of an approp tion contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $535,000 was previously appropriated to 
Federal Fund Operating funds in Housing and Community Development and 
said $535,000 is no longer needed by Housing and Community Development 
and is available for use by the Baltimore City Public Schools; and 

WHEREAS, The Federal Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

13th day of May, 1992, all in accordance with Article VI, Section 2(i) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$535,000 contained in the 1989 Ordinance of Estimates as a Federal Fund 
Operating appropriation for Housing and Community Development (Program 
593 - Community Support Projects) shall be transferred to the Baltimore City 
Public Schools (Program 725 - Local Share Support). The amount thus made 
available to the Baltimore City Public Schools will be used for expenses 
eligible under the Federal Community Development Block Grant Program. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 69 

(Council Bill No. 231) 

AN ORDINANCE concerning 

FEDERAL FUND OPERATING APPROPRIATION TRANSFER 
HOUSING AND COMMUNITY DEVELOPMENT TO 
BALTIMORE CITY PUBLIC SCHOOLS - $1,000,000 



162 



Ord. No. 69 



FOR the purpose of transferring a Federal Fund Operating 

appropriation in the amount of $1,000,000 from Housing and Community 
Development (Program 593 - Community Support Projects) to the 
Baltimore City Public Schools (Program 725 - Local Share Support) to 
cover operating expenses eligible under the Federal Community 
Development Block Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $1,000,000 was previously appropriated to 
Federal Fund Operating funds in Housing and Community Development and 
said $1,000,000 is no longer needed by Housing and Community 
Development and is available for use by the Baltimore City Public Schools; 
and 

WHEREAS, The Federal Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 13th day of May, 1992, all in 
accordance with Article VI, Section 2(i) of the Baltimore City Charter (1964 
Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$1,000,000 contained in the 1987 Ordinance of Estimates as a Federal Fund 
Operating appropriation for Housing and Community Development (Program 
593 - Community Support Projects) shall be transferred to the Baltimore City 
Public Schools (Program 725 - Local Share Support). The amount thus made 
available to the Baltimore City Public Schools will be used for expenses 
eligible under the Federal Community Development Block Grant Program. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 



163 



Ord. No. 70 

Approved June 30, 1992 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 70 

(Council Bill No. 232) 

AN ORDINANCE concerning 

FEDERAL FUND OPERATING APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

BALTIMORE CITY PUBLIC SCHOOLS - $162,000 

FOR the purpose of transferring a Federal Fund Operating 

appropriation in the amount of $162,000 from Housing and Community 
Development (Program 593 - Community Support Projects) to the 
Baltimore City Public Schools (Program 725 - Local Share Support) to 
cover operating expenses eligible under the Federal Community 
Development Block Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 20) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 
Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $162,000 was previously appropriated to 
Federal Fund Operating funds in Housing and Community Development and 
said $162,000 is no longer needed by Housing and Community Development 
and is available for use by the Baltimore City Public Schools; and 

WHEREAS, The Federal Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 

13th day of May, 1992, all in accordance with Article VI, Section 2(i) of the 
Baltimore City Charter (1964 Revision, as amended). 



164 



Ord. No. 71 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$162,000 contained in the 1992 Ordinance of Estimates as a Federal Fund 
Operating appropriation for Housing and Community Development (Program 
593 - Community Support Projects) shall be transferred to the Baltimore City 
Public Schools (Program 725 - Local Share Support). The amount thus made 
available to the Baltimore City Public Schools will be used for expenses 
eligible under the Federal Community Development Block Grant Program. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 71 

(Council Bill No. 233) 

AN ORDINANCE concerning 

FEDERAL FUND OPERATING APPROPRIATION TRANSFER - 

HOUSING AND COMMUNITY DEVELOPMENT TO 

BALTIMORE CITY PUBLIC SCHOOLS - $400,000 

FOR the purpose of transferring a Federal Fund Operating 

appropriation in the amount of $400,000 from Housing and Community 
Development (Program 593 - Community Support Projects) to the 
Baltimore City Public Schools (Program 725 - Local Share Support) to 
cover operating expenses eligible under the Federal Community 
Development Block Grant. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision, as amended) provides, that upon recommendation of the 



165 



Ord. No. 72 



Board of Estimates, the City Council by ordinance may authorize the transfer 
of an appropriation contained in the Ordinance of Estimates from one 
municipal agency to another municipal agency; and 

WHEREAS, The sum of $400,000 was previously appropriated to 
Federal Fund Operating funds in Housing and Community Development and 
said $400,000 is no longer needed by Housing and Community Development 
and is available for use by the Baltimore City Public Schools; and 

WHEREAS, The Federal Fund Operating appropriation transfer ordained 
herein has been recommended to the City Council by the Board of Estimates 
at a regular meeting of the Board held on the 13th day of May, 1992, all in 
accordance with Article VI, Section 2(i) of the Baltimore City Charter (1964 
Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(i) of the 1964 revision of the Charter of Baltimore City, the sum of 
$400,000 contained in the 1988 Ordinance of Estimates as a Federal Fund 
Operating appropriation for Housing and Community Development (Program 
593 - Community Support Projects) shall be transferred to the Baltimore City 
Public Schools (Program 725 - Local Share Support). The amount thus made 
available to the Baltimore City Public Schools will be used for expenses 
eligible under the Federal Community Development Block Grant Program. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approvedlune 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 72 

(Council Bill No. 234) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 
OPERATING APPROPRIATION - JAIL - $1,300,000 



166 



Ord. No. 72 



FOR the purpose of providing a supplementary General Fund 

Operating appropriation in the amount of $1,300,000 to the Jail (Program 
290) to provide additional appropriations to cover employee severance 
and medical bills. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue from the 
Fiscal 1991 unappropriated surplus in excess of the amounts from this source 
estimated and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1992 fiscal year, and said money 
is therefore available for appropriation to the Jail pursuant to the provisions of 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum here appropriated is from sources which 
could not be expected with reasonable certainty at the time of the formulation 
of the current Ordinance of Estimates in accordance with Article VI, Section 
2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating appropriation 
has been recommended to the City Council by the Board of Estimates at a 
regular meeting of the Board held on the 13th day of May, 1992, all in 
accordance with Article VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $1,300,000 shall be made available to the Jail (Program 290) as a 
supplementary General Fund Operating appropriation for the fiscal year 
ending June 30, 1992 to provide additional appropriations to cover employee 
severance and medical bills which could not reasonably be anticipated at the 
time of formulation of the proposed Fiscal 1992 Ordinance of Estimates. The 
amount thus made available as a supplementary General Fund Operating 
appropriation shall be expended from Fiscal 1991 unappropriated surplus in 
excess of the amount from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy required to balance the 
budget for the 1992 fiscal year; and said funds from said Fiscal 1991 
unappropriated surplus shall be the source of revenue for this supplementary 



167 



Ord. No. 73 



General Fund operating appropriation as required by Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 73 

(Council Bill No. 254) 

AN ORDINANCE concerning 

CITY STREET - OPENING PACA STREET, 
A PORTION OF PACA STREET AND A PORTION OF EUTAW STREET 

FOR the purpose of condemning and opening (1) Paca Street 

extending from a point 18.24 feet south of Pratt Street, South 02°45'40" 
East 30.00 feet; (2) a portion of Paca Street, contiguous to the east side 
thereof and extending from a point 30.06 feet south of Pratt Street, 
Southerly to Camden Street; and (3) a portion of Eutaw Street contiguous 
to the west side thereof and extending from a point 149.77 feet south of 
Pratt Street, Southerly to Camden Street in accordance with a plat thereof 
numbered 305-B-S9 prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the Sixteenth (16th) 
day of May, 1992. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
is hereby authorized and directed to condemn and open (1) Paca Street 
extending from a point 18.24 feet south of Pratt Street, South 02°45'40" East 



168 



Ord. No. 73 



30.00 feet; (2) a portion of Paca Street, contiguous to the east side thereof 
and extending from a point 30.06 feet south of Pratt Street, Southerly to 
Camden Street; and (3) a portion of Eutaw Street contiguous to the west side 
thereof and extending from a point 149.77 feet south of Pratt Street, 
Southerly to Camden Street; the said Paca Street, a portion of Paca Street and 
a portion of Eutaw Street hereby directed to be condemned for said opening 
being described as follows: 

Beginning for Parcel No. 1 at a point on the east side of Paca Street, 82.5 
feet wide, distant South 02°45'40" East 30.06 feet measured along the east 
side of said Paca Street from the southeast side of Pratt Street, varying in 
width and running thence binding on the east side of said Paca Street, South 
02°45'40" East 231.16 feet; thence by a straight line South 87°12'07" West 
49.77 feet; thence by a line curving to the right with a radius of 100.00 feet 
the distance of 16.58 feet which arc is subtended by a chord bearing North 
70°00'00" West 16.56 feet; thence by another line curving to the right with a 
radius of 20.00 feet the distance of 34.36 feet which arc is subtended by a 
chord bearing North 16°0r48" West 30.29 feet; thence by a line curving to 
the left with a radius of 375.00 feet the distance of 236.94 feet which arc is 
subtended by a chord bearing North 15°05'27" East 233.01 feet and thence 
by a straight line North 01°23'H" West 23.51 feet to the place of beginning. 

Beginning for Parcel No. 2 at a point on the west side of Paca Street 82.5 
feet wide, distant South 02°45'40" East 18.24 feet measured along the west 
side of said Paca Street from the south side of Pratt Street, 66 feet wide, and 
running thence by a straight line North 87° 14*20" East 82.53 feet to intersect 
the east side of said Paca Street; thence binding on the east side of said Paca 
Street, South 02°45'40" East 27.06 feet; thence by straight lines the two 
following courses and distances; namely, South 01°23*11" East 2.94 feet and 
South 87°14'20" West 82.46 feet to intersect the west side of said Paca Street 
and thence binding on the west side of said Paca Street, North 02°45'40" 
West 30.00 feet to the place of beginning. 

Beginning for Parcel No. 3 at a point on the west side of Eutaw Street, 
82.5 feet wide, distant South 02°49'30" West 149.77 feet measured along the 
west side of said Eutaw Street from the south side of Pratt Street, 56 feet 
wide, and running thence by a straight line, North 87° 10*30" East 5.00 feet 
to intersect a line drawn parallel with and distant 5.00 feet easterly measured 
at right angles from the west side of said Eutaw Street; thence binding on said 
line so drawn, South 02°49*30" West 160.00 feet to intersect the north side 
of Camden Street; thence binding on the north side of said Camden Street, 
South 87° 12*07" West 5.00 feet to the west side of said Eutaw Street and 



169 



Ord. No. 74 



thence binding on the west side of said Eutaw Street, North 02°49'30" East 
160.00 feet to the place of beginning. 

All courses and distances in the above descriptions are referred to as true 
meridian as adopted by the Baltimore Survey Control System. 

The said Paca Street, a portion of Paca Street and a portion of Eutaw 
Street as directed to be condemned being delineated and particularly shown on 
a plat numbered 305-B-89 which was filed in the Office of the Department of 
Public Works on the Sixteenth (16th) day of May in the year 1992 and is now 
on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the condemnation and 
opening of said Paca Street, a portion of Paca Street and a portion of Eutaw 
Street and the proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of Baltimore City (1964 Revision, as amended) and 
any and all amendments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved "We 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 74 

(Council Bill No. 255) 

AN ORDINANCE concerning 

CITY STREET - CLOSING PACA STREET, A PORTION OF 
PACA STREET AND A PORTION OF EUTAW STREET 



170 



Ord. No. 74 



FOR the purpose of condemning and closing (1) Paca Street at a horizontal 
plane having an elevation of 63.08 feet and extending to an elevation of 
79.08 feet extending from a point 18.24 feet south of Pratt Street, South 
02°45'40" East 30.00 feet; (2) a portion of Paca Street, contiguous to the 
east side thereof and extending from a point 30.06 feet south of Pratt 
Street, Southerly to Camden Street; and (3) a portion of Eutaw Street at a 
horizontal plane having an elevation of 108.38 feet and extending to an 
elevation of 279.88 feet contiguous to the west side thereof and extending 
from a point 149.77 feet south of Pratt Street, Southerly to Camden Street 
in accordance with a plat thereof numbered 305-B-SA9A prepared by the 
Survey Control Section and filed in the Office of the Department of 
Public Works, on the Sixteenth (16th) day of May, 1992. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
it is hereby authorized and directed to condemn and close (1) Paca Street at a 
horizontal plane having an elevation of 63.08 feet and extending to an 
elevation of 79.08 feet extending from a point 18.24 feet south of Pratt Street, 
South 02°45'40" East 30.00 feet; (2) a portion of Paca Street, contiguous to 
the east side thereof and extending from a point 30.06 feet south of Pratt 
Street, Southerly to Camden Street; and (3) a portion of Eutaw Street at a 
horizontal' plane having an elevation of 108.38 feet and extending to an 
elevation of 279.88 feet contiguous to the west side thereof and extending 
from a point 149.77 feet south of Pratt Street, Southerly to Camden Street; 
the said Paca Street, a portion of Paca Street and a portion of Eutaw Street 
hereby directed to be condemned for said closing being described as follows: 

Beginning for Parcel No. 1 at a point on the east side of Paca Street, 82.5 
feet wide, distant South 02°45'40" East 30.06 feet measured along the east 
side of said Paca Street from the southeast side of Pratt Street, varying in 
width and running thence binding on the east side of said Paca Street, South 
02°45'40" East 231.16 feet; thence by a straight line South 87°12'07" West 
49.77 feet; thence by a line curving to the right with a radius of 100.00 feet 
the distance of 16.58 feet which arc is subtended by a chord bearing North 
70°00'00" West 16.56 feet; thence by another line curving to the right with a 
radius of 20.00 feet the distance of 34.36 feet which arc is subtended by a 



171 



Ord. No. 74 



chord bearing North 16°0r48" West 30.29 feet; thence by a line curving to 
the left with a radius of 375.00 feet the distance of 236.94 feet which arc is 
subtended by a chord bearing North 15°05'27" East 233.01 feet and thence 
by a straight line North 01 o 23'H" West 23.51 feet to the place of beginning. 

Beginning for Parcel No. 2 at a point on the west side of Paca Street 82.5 
feet wide, distant South 02°45'40" East 18.24 feet i ured along the west 
side of said Paca Street from the south side of Prat it, 66 feet wide, and 
at a horizontal plane having an elevation of 63.08 feei and extending to an 
elevation of 79.08 feet and running thence by a straight line North 87*14*20" 
East 82.53 feet to intersect the east side of said Paca Street; thence binding on 
the east side of said Paca Street, South 02°45'40" East 27.06 feet; thence by 
straight lines the two following courses and distances; namely, South 
01°23'11" East 2.94 feet and South 87°14'20" West 82.46 feet to intersect 
the west side of said Paca Street and thence binding on the west side of said 
Paca Street, North 02°45'40" West 30.00 feet to the place of beginning. 

Beginning for Parcel No. 3 at a point on the west side of Eutaw Street, 
82.5 feet wide, distant South 02°49'30" West 149.77 feet measured along the 
west side of said Eutaw Stre from the south side of Pratt Street, 56 feet 
wide, and at a horizontal plane having an elevation of 108.38 feet and 
extending to an elevation of 279.88 feet and running thence by a straight line, 
North 87°10'30" East 5.00 feet to intersect a line drawn parallel with and 
distant 5.00 feet easterly measured at right angles from the west side of said 
Eutaw Street; thence binding on said line so drawn, South 02°49'30" West 
160.00 feet to intersect the north side of Camden Street; thence binding on 
the north side of said Camden Street, South 87°12'07" West 5.00 feet to the 
west side of said Eutaw Street and thence binding on the west side of said 
Eutaw Street, North 02°49'30" East 160.00 feet to the place of beginning. 

The elevations mentioned in the above descriptions are referred to mean 
low tide as adopted by the Baltimore Survey Control System. 

All courses and distances in the above descriptions are referred to as true 
meridian as adopted by the Baltimore Survey Control System. 

The said Paca Street, a portion of Paca Street and a portion of Eutaw 
Street as directed to be condemned being delineated and particularly shown on 
a plat numbered 305-B-8A9A which was filed in the Office of the Department 
of Public Works on the Sixteenth (16th) day of May in the year 1992 and is 
now on file in said Office. 



172 



Ord. No. 74 



SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this Ordinance, all 
subsurface structures and appurtenances now owned by the Mayor and City 
Council of Baltimore, shall be and continue to be the property of the Mayor 
and City Council of Baltimore, in fee simple, until the use thereof shall be 
abandoned by the Mayor and City Council of Baltimore, and in the event that 
any person, firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain permission and 
permits therefor from the Mayor and City Council of Baltimore, and shall in 
the application for such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such removal, alteration 
or interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said portion of said 
highway or highways after the same shall have been closed under the 
provisions of this Ordinance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, over which said 
buildings or structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City, and at the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad tracks shall be taken 
to be "structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this ordinance, all 
subsurface structures and appurtenances owned by any person, firm or 
corporation, other than the Mayor and City Council of Baltimore, shall upon 
notice from the Director of Public Works of Baltimore City, be promptly 
removed by and at the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City Council of 
Baltimore, acting through its duly authorized representatives, shall, at all 
times, have access to said property and to all subsurface structures and 
appurtenances used by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without permission from or 
compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the condemnation and 



173 



Ord. No. 75 



closing of said Paca Street, a portion of Paca Street and a portion of Eutaw 
Street and the proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of Baltimore City (1964 Revision, as amended) and 
any and all amendments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 75 

(Council BUI No. 24) 

AN ORDINANCE concerning 

FOOD SERVICE FACILITIES 

FOR the purpose of reducing the annual inspection fee for certain food 
service facilities and for certain non-profit organizations. 

BY adding 

Article 1 1 - Health 

Subtitle - Permits and Inspections 

Section 165(a)8-165(a)10. 165(d)(2). 165(d)(3) 

16S(d)(l)(vi)» 165(d)(l)(vii) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealine and reordaining with amendments 
Article 1 1 - Health 
Subtitle - Permits and Inspections 
Section 165(d)(1) 



174 



Ord. No. 75 



Baltimore City Code (1983 Replacement Volume, as 
amended) 

BY renumbering 

Article 11 -Health 

Subtitle - Permits and Inspections 

Sections 165(d)(2)- 165(d)(5) to be Section 165(d)(4) to 

165(d)(7) sequentially 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 11 -HEALTH 

Permits and Inspections 

165. Permits and inspections. 

(a) Definitions. 

8. "TAX EXEMPT" REFERS TO THE TAX EXEMPTION 
DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE 
CODE. 

9. "CHARITABLE FOOD FACILITIES" ARE TAX EXEMPT 
FOOD SgfeVICE FACILITIES WHICH PROVIDE MEALS TO LOW 
INCOME INDIVIDUALS FOR NO CHARGE, SUCH AS SOUP 
KITCHENS, SOUP PANTRIES OR SHELTER HOMES. 

10. "YOUTH ORGANIZATIONS" ARE TAX EXEMPT 
GROUPS WHOSE MEMBERSHIP IS COMPRISED OF PERSONS UNDER 
THE AGE OF 18, AND WHO OPERATE TEMPORARY FOOD SERVICE 
FACILITIES FOR THE PURPOSE OF RAISING FUNDS TO SUPPORT 
THE OPERATION OF THE ORGANIZATION. 

11. "LICENSED CHILD GROUP DAY CARE CENTERS" ARE 
TAX EXEMPT FOOD SERVICE FACILITIES WHICH PROVIDE CARE 
AND SUPERVISION TO SCHOOL AGE AND PRE-SCHOOL AGE 
CHILDREN. 



175 



Ord. No. 75 

(d) Fees. 

(1) A» EXCEPT AS NOTED IN SECTIONS 165(D)(2) AND 
165(D)(3), AN annual inspection fee is levied and imposed upon every person 
operating a food service facility \ provided \ however » that non profit 
of* niftationo operating tompoFory food and drink oonooooiono which qfo 
ef 3d solely by members of the organization shall be exempt from the 
ft- jod fee . The fee charged for each separate location shall be in 
accu ^ance with the following schedule: 

(i) High priority facilities $350 

(ii) Moderate priority facil ities $250 

(m) Low priority facilities $150 

(iv) Vending machines $ 8 

(v) Temporary food service facility .... $ 50 

(VI) ANY PARTICIPANT IN A FLEA MARKET OR 

A FARMER S * MARKET THAT OPERATE S FOR 3 OR 
FEWER DAYS PER WEEK m-r. $ 50 
(Vn NON PROFIT ORGANIZATION S WHICH 

OPERATE! SOUP KITCHENS, PANTRIE S , SHELTER 
HOME S , GROUP HOMES, LITTLE LEAGUE S , YOUTH 
ORGANIZATIONS, GROUP DAY CARE CENTERS^ 
AND OTHER CHARITABLE ORGANIZATION S THAT 

FEED THE HUNGRY r-r-r-rr-r-, $ 50 

(2) THE ANNUAL INSPECTION FEES FOR THE FOLLOWING TAX 
EXEMPT FOOD SERVICE FACILITIES SHALL BE ESTABLISHED BY 
THE COMMISSIONER OF HEALTH WITH THE APPROVAL OF THE 
BOARD OF ESTIMATES BUT SHALL NOT EXCEED $50. 

(D CHARITABLE FOOD FACILITIES 

(II) YOUTH ORGANIZATIONS 

(ED LICENSED CHILD GROUP DAY CARE CENTERS 

(3) FOR THE DURATION OF THE PERIOD OF TIME THAT THE 
MARYLAND DEPARTMENT OF HUMAN RESOURCES CONTRACTS 
WITH THE BALTIMORE CITY HEALTH DEPARTMENT FOR 2 OR 
MORE ENVIRONMENTAL SANITARIANS TO INSPECT AND 
MONITOR CHILD GROUP DAY CARE CENTERS IN BALTIMORE 
CITY, THE ANNUAL PERMIT FEE SHALL BE WAIVED. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect July 1, 1992 



176 



Approved July 1, 1992 



Ord. No. 76 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 76 

(Council BUI No. 106) 

AN ORDINANCE concerning 

ZONING - R-1A DISTRICT AND R-1B DISTRICTS 

FOR the purpose of providing for an R-l A District which permits a 

maximum density of three single-family detached dwellings per acre, and 
an R-1B District which permits a maximum density of two single-family 
detached dwellings per acre. 

BY adding 

Article 30 - Zoning 

Subtitle - Residence Districts 

Section 4.1 A and 4. IB 

Baltimore City Code (1983 Replacement Volume, as amended) 

By repealing and reordaining with amendments 
Article 30 - Zoning 
Chapter 12 - Planned Developments 
Section 12.0-2b-l. 12.0-2b-2 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 30 - ZONING 

Chapter 4 - Residence Districts 
i 

4.1 A R-l A SINGLE FAMILY RESIDENCE DISTRICT. 

4.1A-1 USE REGULATIONS. 



177 



Ord. No. 76 



A. PERMITTED USES. 

AS IN THE R-l DISTRICT. 

B. ACCESSORY USES. 

AS IN THE R-l DISTRICT. 

C. CONDITIONAL USES AUTHORIZED BY BOARD. 

AS IN THE R-l DISTRICT. 

D. CONDITIONAL USES AUTHORIZED BY ORDINANCE. 

AS IN THE R-l DISTRICT. 

4.1A-2 BULK REGULATIONS. 
A. LOT AREA AND COVERAGE. 

1. PERMITTED USES. 

EACH PRINCIPAL PERMITTED USE SHALL COMPLY 
WITH THE FOLLOWING REQUIREMENTS FOR MINIMUM 
LOT AREA AND MAXIMUM PERCENTAGE OF LOT 
WHICH MAY BE COVERED BY STRUCTURES: 

MINIMUM MAXIMUM 

LOT AREA LOT COVERAGE 

SINGLE-FAMILY DETACHED 

DWELLINGS 14,520 SQ. FT. 25% 

PARK AND PLAYGROUNDS... AS IN THE R-l DISTRICT. 

ALL OTHER PRINCIPAL 

PERMITTED USES AS IN THE R-l DISTRICT. 

2. ACCESSORY USES. 

AS IN THE R-l DISTRICT. 

3. CONDITIONAL USES. 
AS IN THE R-l DISTRICTS. 



B. YARDS. 



178 



Ord. No. 76 

1. PERMITTED USES. FOR EACH PRINCIPAL 
PERMITTED USE, A FRONT YARD, TWO SIDE YARDS, 
AND A REAR YARD SHALL BE PROVIDED, EACH OF 
WHICH SHALL BE NOT LESS THAN THE FOLLOWING 
AMOUNTS: 

FRONT INTERIOR STREET REAR 
SIDE CORNER 

SIDE 
SINGLE-FAMILY 
DETACHED 
DWELLINGS 40FT. 15FT. 20FT. 30FT. 

ALL OTHER PRINCIPAL 

PERMITTED USES AS IN THE R-l DISTRICT. 

2. ACCESSORY USES . ...AS IN THE R-l DISTRICT. 

3. CONDITIONAL USES. AS IN THE R-l DISTRICT. 
C. BUILDING HEIGHT AND FLOOR AREA RATIO. 

1. PERMITTED USES... . AS IN THE R-l DISTRICT. 

2. ACCESSORY USES... . AS IN THE R-l DISTRICT. 

3. CONDITIONAL USES.. AS IN THE R-l DISTRICT. 

4.1A-3 PROVISIONS NOT APPLICABLE IN Rl-A ZONING DISTRICT. 

THE PROVISIONS OF SECTIONS 2.0-8J, 2.0-8K, AND 4.0-2A.2 
ARE NOT APPLICABLE IN THE R-1A DISTRICT. 

4. IB R-1B SINGLE FAMILY RESIDENCE DISTRICT. 
i 
4.1B-1 USE REGULATIONS. 

A. PERMITTED USES. 

AS IN THE R-l DISTRICT. 

B. ACCESSORY USES. 

AS IN THE R-l DISTRICT. 



179 



Ord. No. 76 



C. CONDITIONAL USES AUTHORIZED BY BOARD. 

AS IN THE R-l DISTRICT. 

D. CONDITIONAL USES AUTHORIZED BY ORDINANCE. 

AS IN THE R-l DISTRICT. 

4.1B-2 BULK REGULATIONS. 

A. LOT AREA AND COVERAGE. 

1. PERMITTED USES. 

EACH PRINCIPAL PERMITTED USE SHALL COMPLY 
WITH THE FOLLOWING REQUIREMENTS FOR 
MINIMUM LOT AREA AND MAXIMUM PERCENTAGE 
OF LOT WHICH MAY BE COVERED BY STRUCTURES: 

MINIMUM MAXIMUM 
LOT AREA LOT 

COVERAGE 

SINGLE-FAMILY DETACHED 

DWELLINGS 21,780 SQ. FT. 25% 

PARK AND 

PLAYGROUNDS AS IN THE R-l DISTRICT. 

ALL OTHER PRINCIPAL 

PERMITTED USES AS IN THE R-l DISTRICT. 



2. ACCESSORY USES. 

3. CONDITIONAL USES. 

B. YARDS. 

1. PERMITTED USES. 



AS IN THE R-l DISTRICT. 



AS IN THE R-l DISTRICTS. 



FOR EACH PRINCIPAL PERMITTED USE, A FRONT 
YARD, TWO SIDE YARDS, AND A REAR YARD 
SHALL BE PROVIDED, EACH OF WHICH SHALL BE 
NOT LESS THAN THE FOLLOWING AMOUNTS: 



180 



Ord. No. 76 

FRONT INTERIOR STREET REAR 
SIDE CORNER 

SIDE 

SINGLE-FAMILY 

DETACHED DWELLINGS 40FT. 20FT. 25FT. 40FT. 

ALL OTHER PRINCIPAL 

PERMITTED USES AS IN THE R-l DISTRICT. 

2. ACCESSORY USES... AS IN THE R-l DISTRICT. 

3. CONDITIONAL USES.. AS IN THE R-l DISTRICT. 
C. BUILDING HEIGHT AND FLOOR AREA RATIO. 

1. PERMITTED USES... . AS IN THE R-l DISTRICT. 

2. ACCESSORY USES... AS IN THE R-l DISTRICT. 

3. CONDITIONAL USES.. AS IN THE R-l DISTRICT. 

4.1B-3 PROVISIONS NOT APPLICABLE IN Rl-A ZONING DISTRICT. 

THE PROVISIONS OF SECTIONS 2.0-8J, 2.0-8K, AND 4.0- 
2A.2 ARE NOT APPLICABLE IN THE R-1B DISTRICT. 

Chapter 12 - Planned Developments 

12.0-2 Residential Planned Developments. 

b. Bulk Regulations. 

1. Area and Coverage. In the R-L R-l A. R-1B 

through and including R-5 Districts a minimum area of five 

acres is required for the development. 



In the R-6 through and including the R-10 



Districts a minimum area of two acres is required for the 
development. 

The lot coverage requirements of the district in which the 
development is located may be inapplicable when specifically 
approved as part of the development plan. 



181 



Ord. No. 76 



2. Gross Density. 

In the R-l District - not more than six dwelling units per 

acre. 

IN THE R-1A DISTRICT - NOT MORE THAN THREE 
DWELLING UNITS PER ACRE. 

IN THE R-1B DISTRICT - NOT MORE THAN TWO 
DWELLING UNITS PER ACRE. 

In the R-2 District - not more than six dwelling units per 
acre. 

In the R-3 District - not more than nine dwelling units per 
acre. 

In the R-4 District - not more than nine dwelling units per 
acre. 

In the R-5 District - not more than 17 dwelling units per acre. 

In the R-6 District - not more than 29 dwelling units per acre. 

In the R-7 District - not more than 40 dwelling units per acre. 

In the R-8 District - not more than 58 dwelling units per acre 
except that an efficiency unit shall be counted as 0.67 of a 
dwelling unit, and a rooming unit as 0.5 of a dwelling unit. 

In the R-9 District - not more than 79 dwelling units per acre 
except that an efficiency unit shall be counted as 0.67 of a 
dwelling unit, and a rooming unit as 0.5 of a dwelling unit. 

In the R-10 District - not more than 218 dwelling units per 
acre - except that an efficiency unit shall be counted as 0.67 
of a dwelling unit, and a rooming unit as 0.5 of a dwelling 
unit. 

For housing the elderly, the density regulations set forth for 
the respective Residence Districts shall be applicable. 

Where two or more Residence Districts are included within 
the development, dwelling units may be permitted to be 



182 



Ord. No. 77 

located without regard to district boundary lines, provided the 
overall density does not exceed the allowable density of each 
such district. 

SEC. 2. AND BE IT FURTHER ORDAINED. That in enacting this 
Ordinance it is the intent of the Mayor and City Council that the R-1A and R- 
1B Districts be applied only to established residential areas with comparable 
densities where a minimum number of nonconforming lots will be created. 

SEC. ^ i. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 77 

(Council Bill No. 139) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
MT. WASHINGTON MILL 

FOR the purpose of approving the application of Washingtonville 

Limited Partnership, developer of the property known as Mt. Washington 
Mill, being the property comprising all of Lot 1 of Ward 27, Section 15, 
Block 4660 (1330-1340 Smith Avenue) and a portion of Lot 2 of Ward 27, 
Section 15, Block 4660, which property is bounded generally by Smith 
Avenue to the south, the Jones Falls to the north and east, and Interstate 83 
to the west, consisting of approximately §-A% 7.601 acres, more or less, as 
outlined on the accompanying Development Plan, to designate that 
property as a Planned Unit Development in accordance with Chapter 12 of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, as 
amended) and to approve the Development Plan submitted for this purpose 
by Washingtonville Limited Partnership. 

BY authority of 

Article 30 - Zoning 

Chapter 12 - Planned Developments 



183 



Ord. No. 77 



Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, Washington ville Limited Partnership owns all of Lot 1 of 
Ward 27, Section 15, Block 4660 (1330-1340 Smith Avenue) and, under a 
long-term lease from the Mayor and City Council of Baltimore, leases and 
maintains a portion of Lot 2 of Ward 27, Section 15, Block 4660, which 
property is bounded generally by Smith Avenue to the south, the Jones Falls 
to the north and east, and Interstate 83 to the west, consisting of 
approximately 5-A& 7.601 acres, more or less, and generally known as Mt. 
Washington Mill; and 

WHEREAS, In January, 1992, in order to institute proceedings to have 
Mt. Washington Mill designated a Planned Unit Development, representatives 
of Washingtonville Limited Partnership met with duly designated officers of 
the Baltimore City Planning Commission to hold a Pre-Petition Conference to 
explain the scope and nature of the existing and proposed development on the 
property; and 

WHEREAS, By introduction of this Ordinance, Washingtonville Limited 
Partnership applies to the Mayor and City Council of Baltimore for designa- 
tion of the property as a Planned Unit Development and submits the requisite 
Development Plan intended to satisfy the requirements specified in Chapter 12 
of Article 30 of the Baltimore City Code (1983 Replacement Volume, as 
amended); and 

WHEREAS, In requesting the introduction of this Ordinance, 
Washingtonville Limited Partnership signifies its intention to implement and 
maintain the development of the property in accordance with the Development 
Plan for Mt. Washington Mill; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the application of Washingtonville 
Limited Partnership, developer of the property known as Mt. Washington 
Mill, being the property comprising all of Lot 1 of Ward 27, Section 15, 
Block 4660 (1330-1340 Smith Avenue) and a portion of Lot 2 of Ward 27, 
Section 15, Block 4660, which property is bounded generally by Smith 
Avenue to the south, the Jones Falls to the north and east, and Interstate 83 to 
the west, consisting of approximately 5.48 acres, more or less, as outlined on 
the accompanying Development Plan, to designate that property as a Planned 
Unit Development in accordance with Chapter 12 of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended), be and is 
hereby approved. 



184 



Ord. No. 77 



SEC. 2. AND BE IT FURTHER ORDAINED, That the Development 
Plan for Mt. Washington Mill (consisting of Sheet 1, "Plan Index", dated 
January 21, 1992; Sheet 2, "Existing Site Conditions", dated January 21, 
1992; Sheet 3, "Existing Utilities", dated January 21, 1992; Sheet 4, 
"Existing Elevations - Forge Building", dated January 21, 1992; Sheet 5, 
"Existing Elevations - Stone Mill and Boiler House", dated January 21, 1992; 
Sheet 6, "Development Plan - General", dated January 21, 1992; Sheet 7, 
"Development Plan - Landscaping", dated January 21, 1992; and Sheet 8, 
"Development Plan - Byrne Building Exterior Renovations", dated January 
21, 1992), as attached to this Ordinance and made a part of it, be and is 
hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That, in accordance with 
Section 12.0-5 of the Zoning Ordinance of Baltimore City (the "Zoning 
Ordinance"), uses in the Mt Washington Mill Planned Unit Development 
shall be authorized as follows: 

(a) Uses Authorized for M-l District 

(1) Except as provided in paragraphs (2) and (3) of this subsection 
(a), all uses specified in Section 7.1-1 of the Zoning Ordinance as permitted, 
accessory, or conditional uses in the M-l Zoning District are specifically 
authorized as permitted, accessory, and (subject to the requirements and 
provisions of Section 11.0-3c of the Zoning Ordinance) conditional uses, 
respectively, in the Planned Unit Development. 

(2) The following uses specified in Section 7.1-1 of the Zoning 
Ordinance as permitted uses in the M-l Zoning District are authorized in the 
Planned tfnit Development only if first approved by the Board of Municipal 
and Zoning Appeals in accordance with the requirements and provisions of 
Section 11.0-3c of the Zoning Ordinance for the approval of conditional uses: 
bottling works; boxes (manufacturing); cameras and other photographic 
equipment (manufacturing); canvas products (manufacturing); carpet and rug 
cleaning establishments; cereals (manufacturing); cosmetics (manufacturing); 
ice (manufacturing); machinery and machines, household, business, and office 
(manufacturing); maritime suppliers; mirrors (manufacturing); rugs 
(manufacturing); sporting and athletic goods (manufacturing); tobacco 
products (manufacturing); window blinds, shades, and awnings 
(manufacturing). 

(3) The following uses specified in Section 7.1-1 of the Zoning 
Ordinance as permitted or conditional uses in the M-l Zoning District are 



185 



Ord. No. 77 



prohibited in the Planned Unit Development: adhesive products 
(manufacturing); athletic fields; atomic reactors; automatic banking terminals; 
automotive parts (manufacturing); boat repair facilities; brooms (manufac- 
turing); carpets (manufacturing); community correction centers; day nurseries, 
group day care centers, and nursery schools; die casting; drug abuse 
rehabilitation and treatment centers; electroplating; extraction of gravel, sand, 
or other raw materials; fences (manufacturing); fire and police stations; 
flammable liquids (manufacturing and storage); galvanizing; gases 
(manufacturing and storage); hardware and tools (manufacturing); hotels and 
motels; ink and inked products (manufacturing); machine tools 
(manufacturing); marinas; matches (manufacturing); mattresses 
(manufacturing); metal finishing; metal products and machinery 
(manufacturing); polish (manufacturing); private piers; public transportation 
uses; public utility services; radar installations; railroad rights-of-way and 
passenger stations; rope, fibrous (manufacturing); ship chandlers; shipyards; 
silverware (manufacturing); starch (manufacturing); tool, die, or pattern 
making shops; twine, fibrous (manufacturing); umbrellas (manufacturing); 
undertaking establishments and funeral parlors; union halls; wire 
(manufacturing). 

(b) Uses Authorized for Business Districts 

(1) In addition, the following uses specified in Chapter 6 of the 
Zoning Ordinance as permitted uses in the Business Zoning Districts, together 
with all accessory uses incidental to them, are specifically authorized as 
permitted uses in the Planned Unit Development: art and school supply stores; 
art needlework shops; bakeries (including sale of bakery products to 
restaurants, hotels, clubs, and other similar establishments); barber shops; 
beauty shops; blueprinting and photostating establishments; book and 
magazine stores and similar establishments (Class A); business and office 
machine sales, rental, and service; camera and photographic supply stores; 
catering establishments (off premises), food; communication systems sales and 
service; electrical and household appliance repair stores; financial institutions; 
florist shops; food stores and delicatessens (excluding convenience stores) : 
gift and card shops; interior decorating shops (including upholstering, etc., 
when conducted as an accessory use); junior colleges, colleges, business 
colleges, and universities (Maryland Institute College of Art, including their 
continuing education program) ; libraries and galleries; medical and dental 
clinics; musical instruments sales and repairs; offices (business, governmental, 
and professional); office supply stores; optician sales; orthopedic and medical 
appliance stores; pharmacies; photocopying services; photographers; 
photographic printing and developing establishments; picture framing shops; 
processing, cleaning, servicing, testing, or repairs of materials, goods, or 



186 



Ord. No. 77 



products; production and repair of clothing (custom manufacturing and 
alterations), art and art craft, dentures, and optical lenses; radio and television 
stations and studios; recording studios; restaurants and lunch rooms (but not 
including live entertainment or dancing); schools, commercial; schools, trade; 
schools and studios (music, dance, and business); secretarial and telephone 
answering services; security sales, brokerages, and exchanges; stationery 
stores; tailor or dressmaking shops, for custom work or repairs; ticket 
agencies; tobacco shops; travel bureaus; wearing apparel shops. 

(2) The following uses specified in Chapter 6 of the Zoning 
Ordinance as permitted uses in the Business Zoning Districts are authorized in 
the Planned Unit Development only if first approved by the Board of 
Municipal and Zoning Appeals in accordance with the requirements and 
provisions of Section 11.0-3c of the Zoning Ordinance for the approval of 
conditional uses: accessory radio and television antennas or microwave 
antennas (satellite dishes), where freestanding or where higher than 25 feet 
above building on which mounted : junior colleges, colleges, and business 
colleges; and, schools of commerce, trade, and/or business . 

(3) Except for uses authorized under subsection (a) of this section, 
all other uses specified in Chapter 6 of the Zoning Ordinance as permitted or 
conditional uses in the Business Zoning Districts are prohibited in the Planned 
Unit Development. 

(c) Storage Uses 

All storage uses in the Planned Unit Development shall be within 
enclosed structures. 

SEC. 4. AND BE IT FURTHER ORDAINED, That all retail uses 
authorized under Section 3(b) of this Ordinance shall be limited to the 
following locations in the Mt. Washington Mill Planned Unit Development: 
first floor of Old Office Building; first floor of Carpenter Shop; Dye House; 
Engine House; Link Building (to be constructed); Boiler House; first floor of 
eastern portion of southern half of Forge Building; and first floor of Wheel 
House (3-story portion of Stone Mill at western end). 

SEC. 5. AND BE IT FURTHER ORDAINED, That the net leasable area 
in the Mt. Washington Mill Planned Unit Development shall not exceed the 
following limitations: 

(a) Limit Per Building 



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The maximum net leasable area for each building in the Planned 
Unit Development shall be as shown for that building on the Development 
Plan approved by this Ordinance. 

(b) Limit on Retail and School Uses 

(1) The net leasaDie area in the Planned Unit Development for the 
following retail uses authorized under Section 3(b) of this Ordinance shall not 
exceed 1,500 square feet for each use: barber shops; beauty shops; food 
stores and delicatessens; gift and card shops; pharmacies; restaurants and 
lunch rooms (but not including live entertainment or dancing); stationery 
stores; wearing apparel shops. 

(2) The net leasable area in the Planned Unit Development for all 
retail uses authorized under Section 3(b) of this Ordinance shall not exceed 
6,000 square feet. 

(3) The net leasable area in the Planned Unit Development for all 
college and other school uses authorized under Section 3(b) of this Ordinance 
shall not exceed 12,000 square feet. Upon application to and approval of the 
Board of Municipal and Zoning Appeals, however, this limit may be 
increased by not more than an additional 2,000 square feet. 

(c) Aggregate Limit for Entire Development 

Notwithstanding subsections (a) and (b) of this section, the aggregate 
net leasable area for all buildings and all uses in the Planned Unit 
Development shall not exceed 79,500 square feet. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the total number of 
students attending any college or other school in the Mt. Washington Mill 
Planned Unit Development shall not exceed, at any one time (i) 120 students 
attending school on weekdays between the hours of 7 a.m. and 6 p.m. or (ii) 
150 students attending school on weekdays during any other hours. Upon 
application to and approval of the Board of Municipal and Zoning Appeals, 
however, these limits may be increased by not more than an additional (i) 30 
students attending school on weekdays between the hours of 7 a.m. and 6 
p.m. and (ii) 50 students attending school on weekdays during any other 
hours. 



188 



Ord. No. 77 



SEC. 7. AND BE IT FURTHER ORDAINED. That Washingtonville 
Limited Partnership shall reimburse the City for expenses incurred by the 
City for installation of a traffic control device at the intersection of Falls Road 
and Smith Avenue up to an amount equal to the lesser of one-half of the cost 
of the improvement or $15.000. This requirement for such reimbursement 
shall expire on June 30. 1993. 

SEC. 38 . AND BE IT FURTHER ORDAINED, That signs shall be 
posted at all entrances to the parking lot of the Mt. Washington Mill Planned 
Unit Development with wording substantially similar to the following: 
"WARNING: THIS SITE IS LOCATED IN A FLOOD HAZARD AREA. 
VEHICLES SHOULD NOT BE LEFT OVERNIGHT. " 

SEC. $9. AND BE IT FURTHER ORDAINED, That, subsequent to 
enactment of this Ordinance, all changes in the approved Development Plan 
for Mt. Washington Mill shall be reviewed and approved by the Planning 
Commission to insure that those changes are consistent with this Ordinance. 

SEC. 910. AND BE IT FURTHER ORDAINED, That, as evidence of 
the authenticity of the Development Plan approved by this Ordinance and in 
order to give notice to the departments that administer the Zoning Ordinance 
of Baltimore City, the President of the City Council shall sign the 
Development Plan upon passage of this Ordinance by the City Council, the 
Mayor shall sign the Development Plan upon his approval of this Ordinance, 
and the Director of Finance shall then transmit a copy of this Ordinance and 
the Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Supervisor of Assessments for Baltimore City, and 
the Zoning Administrator. 

SEC. 40H. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



189 



Ord. No. 78 

CITY OF BALTIMORE 

ORDINANCE NO. 78 

(Council Bill No. 149) 

A ORDINANCE concerning 

BOND ISSUE - ASBESTOS PROGRAM LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution II of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding One Million Dollars ($1,000,000.00), the 
proceeds derived from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds to be used to pay the 
costs of asbestos inspection, removal, encapsulation, management, 
containment and abatement in existing buildings, structures and 
facilities owned or controlled by the Mayor and City Council of 
Baltimore, including but not limited to health, fire, urban services, 
multi-purpose, recreation, schools, office buildings and library 
facilities, to be or now being used for or in connection with the 
operations, functions and activities of the Mayor and City Council of 
Baltimore; the payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; authorizing the issuance of 
refunding bonds; conferring and imposing upon the Board of Finance 
of Baltimore City certain powers and duties; authorizing the 
submission of this Ordinance to the legal voters of the City of 
Baltimore, for their approval or disapproval, at the Municipal 
General Election to be held in Baltimore City on Tuesday, the 3rd 
day of November, 1992 and providing for the expenditure of the 
proceeds of sale of said certificates of indebtedness in accordance 
with the provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and City Council of Baltimore. 



190 



• 



Ord. No. 78 



WHEREAS, By Resolution II of 1992 approved by the members of 
the General Assembly of Maryland representing Baltimore City, the Mayor 
and City Council of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in &e said 
Resolution, the proceeds derived from the sale of said bonds, not exceeding 
the par value of the bonds, to be used in connection with asbestos inspection, 
removal, encapsulation, management, containment and abatement as 
authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
One Million Dollars ($1,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said bonds shall be sold by 
the Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place hereinafter designated 
by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not less 
than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate 
or rates as may be determined by the Board of Finance, which rate or rates 
may be fixed or variable or as determined by a method approved by the 



191 



Ord. No. 78 



Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the debt, 
or any part thereof, authorized to be issued under the provisions of this 
Ordinance at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 
issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 



192 



Ord. No. 78 



and the principal and interest payable thereon (including any profit made in 
the sale thereof), shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of 
this Ordinance may be sold at public sale by the solicitation of competitive 
bids or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of this 
Ordinance have been paid in full, the Mayor and City Council of Baltimore 
shall levy and impose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable in the next 
succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Municipal General Election to be held in 
Baltimore .City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinanc e, not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 



193 



Ord. No. 78 



(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including the 
expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion of 
the compensation of employees and general administrative expenses of the 
Department of Finance reasonably allocated to the issuance of the bonds); and 

(b) The remainder of such proceeds shall be used for the 
costs of asbestos inspection, removal, encapsulation, management, 
containment, and abatement in existing buildings, structures and facilities 
owned or controlled by the Mayor and City Council of Baltimore, including 
but not limited to health, fire, urban services, multi-purpose, recreation, 
schools, office buildings and library facilities, to be or now being used for or 
in connection with the operations, functions and activities of the Mayor and 
City Council of Baltimore; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and for 
doing any and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned. 

SEC. 9. AND BE IT FURTHER RESOLVED ORDAINED. That: 

(a) The Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 



194 



Ord. No. 78 



(b) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued for the public purpose 
of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of Finance 
of the Mayor and City Council of Baltimore to be in the best interests of 
Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 
improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized to 
be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to mature on such dates 
and in such amounts as the Board of Finance may determine; provided that 
the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 



195 



Ord. No. 79 



Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(f) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance shall bear interest at such rate or rates 
as may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding bonds 
authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the 
powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 79 
(Council Bill No. 150) 



196 



Ord. No. 79 



AN ORDINANCE concerning 

BOND ISSUE - SCHOOL LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 

(pursuant to Resolution III of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding Twelve Million Dollars ($12,000,000.00), the 
proceeds derived from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, advertising, 
attorneys* fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds to be used for the 
acquisition, by purchase, lease, condemnation, or any other legal 
means, of land or property, or any rights therein, in the City of 
Baltimore, and constructing and erecting on said land or property, or 
on any land or property now or hereafter owned by the Mayor and 
City Council of Baltimore, new school buildings, athletic and other 
auxiliary facilities, and for additions and improvements to, or the 
modernization or reconstruction of, including the inspection, 
removal, encapsulation, management, containment and abatement of 
asbestos from, existing school buildings or facilities, and for 
equipment for any and all new or existing facilities authorized to be 
constructed, erected, added to, improved, modernized or 
reconstructed by the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or 
all of the things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, economic 
analysis, engineering, planning, designing, architectural, surveying, 
and other professional services, including, without limitation, 
services relating to planning for future projects of the same general 
character which may be constructed out of future loans; and for 
doing any and all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or things hereinbefore 
mentioned; authorizing the issuance of refunding bonds; limiting the 
use of the proceeds of the sale of the bonds to expenditures for 
capital improvement projects having an estimated service life of not 
less than fifteen (15) years, and providing that such proceeds shall 
not be used for current operating expenses of the City; conferring 
certain powers upon the Board of School Commissioners of 
Baltimore City; imposing certain conditions in connection with the 
expenditure of the proceeds derived from the sale of said certificates 
of indebtedness; conferring and imposing upon the Board of Finance 
of Baltimore City certain powers and duties; authorizing the 



197 



Ord. No. 79 



submission of this Ordinance to the legal voters of the City of 
Baltimore, for their approval or disapproval, at the Munioipal 
General Election to be held in Baltimore City on Tuesday, the 3rd 
day of November, 1992 and providing for the expenditure of the 
proceeds of sale of said certificates of indebtedness in accordance 
with the provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and City Council of Baltimore. 

WHEREAS, By Resolution HI of 1992 approved by the members of 
the General Assembly of Maryland representing Baltimore City, the Mayor 
and City Council of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding Twelve Million 
Dollars ($12,000,000.00) in the manner and upon the terms set forth in the 
said Resolution, the proceeds derived from, the sale of said bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
construction and renovation of school buildings and facilities in Baltimore 
City as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
Twelve Million Dollars ($12,000,000.00), from time to time, as may be 
needed or required for the purposes hereinafter named and said bonds shall be 
sold by the Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place hereinafter designated 
by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not less 
than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 



198 



Ord. No. 79 



(b) The bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate 
or rates as may be determined by the Board of Finance, which rate or rates 
may be fixed or variable or as determined by a method approved by the 
Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the debt, 
or any part thereof, authorized to be issued under the provisions of this 
Ordinance^ at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 
issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 



199 



Ord. No. 79 



SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 
and the principal and interest payable thereon (including any profit made in 
the sale thereof) ^hall be and remain exempt from any and all State, county 
and municipal ta; on in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of 
this Ordinance may be sold at public sale by the solicitation of competitive 
bids or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest op and principal of any bonds issued pursuant to the provisions of this 
Ordinance have been paid in full, the Mayor and City Council of Baltimore 
shall levy and impose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable in the next 
succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Munioipol General Election to be held in 
Baltimore City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 



200 



Ord. No. 79 



authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinanc e, not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including the 
expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion of 
the compensation of employees and general administrative expenses of the 
Department of Finance reasonably allocated to the issuance of the bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, lease, condemnation or any other legal means, of 
land or property, or any rights therein, in the City of Baltimore, and 
constructing and erecting on said land or property, or on any land or property 
now or hereafter owned by the Mayor and City Council of Baltimore, new 
school buildings, athletic and other auxiliary facilities, and for additions and 
improvements to, or the modernization or reconstruction of, including the 
inspection, removal, encapsulation, management, containment and abatement 
of asbestos from, existing school buildings or facilities, and for equipment for 
any and aH new or existing facilities authorized to be constructed, erected, 
added to, improved, modernized or reconstructed by the provisions hereof; 
the payment of any and all costs and expenses incurred for or in connection 
with doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, surveying, 
and other professional services, including, without limitation, services relating 
to planning for future projects of the same general character which may be 
constructed out of future loans; and for doing any and all things necessary, 
proper or expedient in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the bonds shall 
be limited to expenditures for capital improvement projects having an 
estimated service life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the City. 



201 



Ord. No. 79 



SEC. 9. AND BE IT FURTHER RESOLVED ORDAINED. That: 

(a) The Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued for the public purpose 
of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of Finance 
of the Mayor and City Council of Baltimore to be in the best interests of 
Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 
improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 



202 



Ord. No. 79 



refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized to 
be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to mature on such dates 
and in such amounts as the Board of Finance may determine; provided that 
the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(f) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance shall bear interest at such rate or rates 
as may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding bonds 
authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the 
powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold 
under the provisions of this Ordinance shall not be subject to any debt policy 



203 



Ord. No. 80 



limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved July 1, 1992 

KURT. L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 80 

(Council Bill No. 151) 

A ORDINANCE concerning 

BOND ISSUE - RECREATION AND PARKS LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 

(pursuant to Resolution IV of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding Five Hundred Thousand Dollars 
($500,000.00), the proceeds derived from the sale thereof to be used 
for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such proceeds to 
be used for the acquisition, construction, reconstruction, installation, 
erection, protection, extension, enlargement, renovation or 
modernization of, and additions to, public park or recreational land, 
property, buildings, structures or facilities; and for the acquisition 
and installation of equipment for any and all existing facilities or 
new facilities authorized to be acquired, constructed, reconstructed, 
erected, extended, enlarged, renovated, modernized, improved or 
added to by the provisions hereof; the payment of any and all costs 
and expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic 



204 



Ord. No. 80 



analysis, engineering, planning, designing, architectural, surveying, 
and other professional services; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; limiting the use of the 
proceeds of the sale of the bonds to expenditures for capital 
improvement projects having an estimated service life of not less 
than fifteen (15) years, and providing that such proceeds shall not be 
used for current operating expenses of the City; conferring and 
imposing upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this Ordinance to 
the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Munioipol General Election to be held in 
Baltimore City on Tuesday, the 3rd day of November, 1992 and 
providing for the expenditure of the proceeds of sale of said 
certificates of indebtedness in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

WHEREAS, By Resolution IV of 1992 approved by the members of 
the General Assembly of Maryland representing Baltimore City, the Mayor 
and City Council of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding Five Hundred 
Thousand Dollars ($500,000.00) in the manner and upon the terms set forth 
in the said Resolution, the proceeds derived from the sale of said bonds, not 
exceeding the par value of the bonds, to be used in connection with 
construction and renovation of public park or recreational buildings and 
facilities in Baltimore City as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
Five Hundred Thousand Dollars ($500,000.00), from time to time, as may be 
needed or required for the purposes hereinafter named and said bonds shall be 
sold by the Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 



205 



Ord. No. 80 



become effective unless it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place hereinafter designated 
by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not 
less than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such 
rate or rates as may be determined by the Board of Finance, which rate or 
rates may be fixed or variable or as determined by a method approved by the 
Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the provisions of this 
Ordinance at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 



206 



Ord. No. 80 



issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 
and the principal and interest payable thereon (including any profit made in 
the sale thereof), shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which may be at, above 
or below par value of the bonds, as determined by resolution of the Board of 
Finance of the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of this 
Ordinance have been paid in full, the Mayor and City Council of Baltimore 
shall levy and impose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable in the next 
succeeding year. 



207 



Ord. No. 80 



SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Munioipol General Election to be held in 
Baltimore City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinanc e, not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premium realized from the sale, if any, for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' fees, and 
all other incidental expenses connected therewith (which may include the 
proportion of the compensation of employees and general administrative 
expenses of the Department of Finance reasonably allocated to the issuance of 
the bonds); and 

(b) The remainder of such proceeds shall be used for 
the acquisition, construction, reconstruction, installation, erection, protection, 
extension, enlargement, renovation or modernization of, and additions to, 
public park or recreational land, property, buildings, structures or facilities; 
and for the acquisition and installation of equipment for any and all existing 
facilities or new facilities authorized to be acquired, constructed, 
reconstructed, erected, extended, enlarged, renovated, modernized, improved 
or added to by the provisions hereof; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and for 
doing any and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned; and 



208 



Ord. No. 80 



(c) The use of the proceeds of the sale of the bonds 

shall be limited to expenditures for capital improvement projects having an 
estimated service life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the City. 

SEC. 9. AND BE IT FURTHER RESOLVED ORDAINED. That: 

(a) The Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued for the public 
purpose of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 

reduction in the cost of debt service; or 

(ii) Is determined by the Board of 

Finance of the Mayor and City Council of Baltimore to be in the best interests 
of Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 



209 



Ord. No. 80 



improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued in whatever 
principal amount shall be required to achieve the purpose for the issuance of 
the refunding bonds, which amount may be in excess of the principal amount 
of the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued to mature on such 
dates and in such amounts as the Board of Finance may determine; provided 
that the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(f) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance shall bear interest at such rate or 
rates as may be determined by the Board of Finance of the Mayor and City 
Council of Baltimore, which rate or rates may be fixed or variable or as 
determined by a method approved by the Board of Finance, and such interest 
shall be payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds 
authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 



210 



Ord. No. 81 

(h) Except as otherwise provided in this Section 9, the 

powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and 

sold under the provisions of this Ordinance shall not be subject to any debt 
policy limitation that may from time to time be established by the Mayor and 
City Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 81 

(Council Bill No. 152) 

AN ORDINANCE concerning 

BOND ISSUE - NEIGHBORHOOD FACILITIES LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution I of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding One Million Five Hundred Thousand Dollars 
($1,500,000.00), the proceeds derived from the sale thereof to be 
used for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such proceeds to 
be used for additions and improvements to, or the renovation, 
modernization or reconstruction of, existing buildings, structures and 
facilities owned or controlled by the Mayor and City Council of 
Baltimore, including but not limited to health, fire, urban services, 
multi-purpose, recreation, schools, office buildings and library 



211 



Ord. No. 81 

facilities, to be or now being used for or in connection with the 
operations, functions and activities of the Mayor and City Council of 
Baltimore, and for acquiring and installing equipment for any and all 
buildings, structures or facilities authorized to be improved, 
renovated or modernized under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with 
doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, 
appraisal, economic analysis, engineering, planning, designing, 
architectural, surveying, and other p Sessional services; and for 
doing any and all things necessary, | roper or expedient in connection 
with or pertaining to any or all of the matters or things hereinbefore 
mentioned; authorizing the issuance of refunding bonds; conferring 
and imposing upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this Ordinance to 
the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Munioipal General Election to be held in 
Baltimore City on Tuesday, the 3rd day of November, 1992 and 
providing for the expenditure of the proceeds of sale of said 
certificates of indebtedness in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

WHEREAS, By Resolution I of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City, the Mayor and 
City Council of Baltimore is authorized to create a debt and to issue and sell 
its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding One Million Five 
Hundred Thousand Dollars ($1,500,000.00) in the manner and upon the terms 
set forth in th e, said Resolution, the proceeds derived from the sale of said 
bonds, not exceeding the par value of the bonds, to be used in connection 
with neighborhood facilities as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
One Million Five Hundred Thousand Dollars ($1,500,000.00), from time to 
time, as may be needed or required for the purposes hereinafter named and 
said bonds shall be sold by the Board of Finance from time to time and at 
such times as shall be requisite, and the proceeds derived from the sale of 
said bonds shall be used for the purposes hereinafter named, provided that 



212 






Ord. No. 81 



this Ordinance shall not become effective unless it shall be approved by a 
majority of the votes of the legal voters of Baltimore City cast at the time and 
place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not 
less than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such 
rate or rates as may be determined by the Board of Finance, which rate or 
rates may be fixed or variable or as determined by a method approved by the 
Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the provisions of this 
Ordinance at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 



213 



Ord. No. 81 



issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 
and the principal and interest payable thereon (including any profit made in 
the sale thereof), shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which may be at, above 
or below par value of the bonds, as determined by resolution of the Board of 
Finance o£the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of this 
Ordinance have been paid in full, the Mayor and City Council of Baltimore 
shall levy and impose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable in the next 
succeeding year. 



214 



Ord. No. 81 



SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Municipal General Election to be held in 
Baltimore City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinanc e, not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premium realized from the sale, if any, for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' fees, and 
all other incidental expenses connected therewith (which may include the 
proportion of the compensation of employees and general administrative 
expenses of the Department of Finance reasonably allocated to the issuance of 
the bonds); and 

(b) The remainder of such proceeds shall be used for 
additions and improvements to, or the renovation, modernization or 
reconstruction of, existing buildings, structures and facilities owned or 
controlled by the Mayor and City Council of Baltimore, including but not 
limited to health, fire, urban services, multi-purpose, recreation, schools, 
office buildings and library facilities, to be or now being used for or in 
connection with the operations, functions and activities of the Mayor and City 
Council of Baltimore, and for acquiring and installing equipment for any and 
all buildings, structures or facilities authorized to be improved, renovated or 
modernized under the provisions hereof; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and for 
doing any and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned. 



215 



Ord. No. 81 



SEC. 9. AND BE IT FURTHER RE S OLVED ORDAINED. That: 

(a) The Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued for the public 
purpose of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

4 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 

reduction in the cost of debt service; or 

(ii) Is determined by the Board of 

Finance of the Mayor and City Council of Baltimore to be in the best interests 
of Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 
improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued in whatever 
principal amount shall be required to achieve the purpose for the issuance of 



216 



Ord. No. 81 



the refunding bonds, which amount may be in excess of the principal amount 
of the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued to mature on such 
dates and in such amounts as the Board of Finance may determine; provided 
that the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(f) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance shall bear interest at such rate or 
rates as may be determined by the Board of Finance of the Mayor and City 
Council of Baltimore, which rate or rates may be fixed or variable or as 
determined by a method approved by the Board of Finance, and such interest 
shall be payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds 
authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the 

powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 



217 



Ord. No. 82 

0) Any refunding bonds authorized to be issued and 

sold under the provisions of this Ordinance shall not be subject to any debt 
policy limitation that may from time to time be established by the Mayor and 
City Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 



Approved July 1, 1992 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 82 

(Council Bill No. 153) 

AN ORDINANCE concerning 

BOND ISSUE - ECONOMIC DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 

(pursuant to Resolution VII of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding Twelve Million Five Hundred Thousand 
Dollars ($12,500,000.00), the proceeds derived from the sale thereof 
to be used for the cost of issuance, including the expense of 
engraving, printing, advertising, attorneys* fees, and all other 
incidental expenses connected therewith, and the remainder of such 
proceeds to be used for or in connection with planning, developing, 
executing, and making operative the commercial and industrial 
economic development program of the Mayor and City Council of 
Baltimore, including, but not limited to, the acquisition, by purchase, 
lease, condemnation or any other legal means, of land or property, 
or any right, interest, franchise, easement or privilege therein, in the 
City of Baltimore; the payment of any and all costs and expenses 
incurred in connection with or incidental to the acquisition and 
management of said land or property, including any and all rights or 
interest therein hereinbefore mentioned; the payment of any and all 



218 



Ord. No. 82 



costs and expenses incurred for or in connection with relocating and 
moving persons or other legal entities displaced by the acquisition of 
said land or property, or any of the rights or interests therein 
hereinbefore mentioned; the development, or redevelopment, 
including, but not limited to, the comprehensive renovation or 
rehabilitation of any land or property, or any rights or interests 
therein hereinbefore mentioned, in the City of Baltimore, and the 
disposition of land and property for such purposes; the elimination of 
unhealthful, unsanitary or unsafe conditions, lessening density, 
eliminating obsolete or other uses detrimental to the public welfare 
or otherwise removing or preventing the spread of blight or 
deterioration in the City of Baltimore; the demolition, removal, 
relocation, renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures or 
improvements, and for the construction, reconstruction, installation, 
relocation or repair of buildings, streets, highways, alleys, utilities or 
services, and other structures or improvements; the planning, 
developing, executing and making operative the enterprise 
development program of the Mayor and City Council of Baltimore 
for purposes of making equity investments in, and loans and loan 
guarantees to, enterprises, including any individual, partnership, 
joint venture, carrying on business or proposing to carry on business 
within the City of Baltimore, to be used for or in connection with the 
financing, developing, operating and administering of such 
enterprises; the payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; authorizing the issuance of 
refunding bonds; conferring and imposing upon the Board of 
Finance of Baltimore City certain powers and duties; authorizing the 
submission of this Ordinance to the legal voters of the City of 
Baltimore, for their approval or disapproval, at the Municipal 
General Election to be held in Baltimore City on Tuesday, the 3rd 
day of November, 1992 and providing for the expenditure of the 
proceeds of sale of said certificates of indebtedness in accordance 
with the provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and City Council of Baltimore. 



219 



Ord. No. 82 



WHEREAS, By Resolution VII of 1992 approved by the members of 
the General Assembly of Maryland representing Baltimore City, the Mayor 
and City Council of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding Twelve Million Five 
Hundred Thousand Dollars ($12,500,000.00) in the manner and upon the 
terms set forth in th e said Resolution, the proceeds derived from the sale of 
said bonds, not exceeding the par value of the bonds, to be used in connection 
with the Economic Development Program as authorized by said Resolution; 
and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
Twelve Million Five Hundred Thousand Dollars ($12,500,000.00), from time 
to time, as may be needed or required for the purposes hereinafter named and 
said bonds shall be sold by the Board of Finance from time to time and at 
such times as shall be requisite, and the proceeds derived from the sale of 
said bonds shall be used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be approved by a 
majority of the votes of the legal voters of Baltimore City cast at the time and 
place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not 
less than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such 
rate or rates as may be determined by the Board of Finance, which rate or 
rates may be fixed or variable or as determined by a method approved by the 



220 



Ord. No. 82 



Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the provisions of this 
Ordinance at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 
issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 



221 



Ord. No. 82 



and the principal and interest payable thereon (including any profit made in 
the sale thereof), shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 

provisions of this Ordinance may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which may be at, above 
or below par value of the bonds, as determined by resolution of the Board of 
Finance of the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of this 
Ordinance have been paid in full, the Mayor and City Council of Baltimore 
shall levy and impose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable in the next 
succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Munioipol General Election to be held in 
Baltimorc'City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinanc e, not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 



222 



Ord. No. 82 



(a) So much thereof as may be necessary, in addition 
to the premium realized from the sale, if any, for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys* fees, and 
all other incidental expenses connected therewith (which may include the 
proportion of the compensation of employees and general administrative 
expenses of the Department of Finance reasonably allocated to the issuance of 
the bonds); and 

(b) The remainder of such proceeds shall be used for 
or in connection with planning, developing, executing and making operative 
the commercial and industrial economic development program of the Mayor 
and City Council of Baltimore, including, but not limited to: 

(i) The acquisition, by 

purchase, lease, condemnation, or any other legal means, of land or property, 
or any right, interest, franchise, easement or privilege therein, in the City of 
Baltimore; 

(ii) The payment of any 

and all costs and expenses incurred in connection with or incidental to the 
acquisition and management of said land or property, including any and all 
rights or interest therein hereinbefore mentioned; 

(iii) The payment of any and all costs 
and expenses incurred for or in connection with relocating and moving 
persons or other legal entities displaced by the acquisition of said land or 
property, or any of the rights or interests therein hereinbefore mentioned; 

(iv) The development or 

redevelopment, including, but not limited to, the comprehensive renovation or 
rehabilitation of any land or property, or any rights or interests therein 
hereinbefore mentioned, in the City of Baltimore, and the disposition of land 
and property for such purposes; 

(v) The elimination of 

unheal thful, unsanitary or unsafe conditions, lessening density, eliminating 
obsolete or other uses detrimental to the public welfare or otherwise removing 
or preventing the spread of blight or deterioration in the City of Baltimore; 

(vi) The demolition, 

removal, relocation, renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements, 
and for the construction, reconstruction, installation, relocation or repair of 



223 



Ord. No. 82 



buildings, streets, highways, alleys, utilities or services, and other structures 
or improvements; 

(vii) The planning, developing, 
executing and making operative the enterprise development program of the 
Mayor and City Council of Baltimore for purposes of making equity 
investments in, and loans and loan guarantees to, enterprises, including any 
individual, partnership, joint venture, carrying on business or proposing to 
carry on business within the City of Baltimore, to be used for or in 
connection with the financing, developing, operating and administering of 
such enterprises; 

(viii) The payment of any and all costs 
and expenses incurred for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and 

(ix) Doing any and all 

things necessary, proper or expedient in connection with or pertaining to any 
or all of the matters or things hereinbefore mentioned. 

All of such land or 
property shall be acquired, developed, redeveloped, renovated, rehabilitated, 
altered, improved, held or disposed of, as provided by law. 

SEC. 9. AND BE IT FURTHER RESOLVED ORDAINED. That: 

t (a) The Mayor and City Council of Baltimore, acting 

by and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 



224 



Ord. No. 82 



premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued for the public 
purpose of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 

reduction in the cost of debt service; or 

(ii) Is determined by the Board of 

Finance of the Mayor and City Council of Baltimore to be in the best interests 
of Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 
improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued in whatever 
principal amount shall be required to achieve the purpose for the issuance of 
the refunding bonds, which amount may be in excess of the principal amount 
of the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued to mature on such 
dates and in such amounts as the Board of Finance may determine; provided 
that the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 



225 



Ord. No. 82 



refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(f) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance shall bear interest at such rate or 
rates as may be determined by the Board of Finance of the Mayor and City 
Council of Baltimore, which rate or rates may be fixed or variable or as 
determined by a method approved by the Board of Finance, and such interest 
shall be payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds 
authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the 

powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and 

sold under the provisions of this Ordinance shall not be subject to any debt 
policy limitation that may from time to time be established by the Mayor and 
City Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



226 



Ord. No. 83 

CITY OF BALTIMORE 

ORDINANCE NO. 83 

(Council Bill No. 154) 

AN ORDINANCE concerning 

BOND ISSUE - COMMUNITY DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 

(pursuant to Resolution VI of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding Twelve Million Dollars ($12,000,000.00), the 
proceeds derived from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds to be used for or in 
connection with planning, developing, executing, and making 
operative the Community Development Program of the Mayor and 
City Council of Baltimore, including, but not limited to, the 
acquisition, by purchase, lease, condemnation or any other legal 
means, of land or property, or any right, interest, franchise, 
easement or privilege therein, in the City of Baltimore; the payment 
of any and all costs and expenses incurred in connection with or 
incidental to the acquisition and management of said land or 
property, including any and all rights or interest therein hereinbefore 
mentioned; the payment of any and all costs and expenses incurred 
for or in connection with relocating and moving persons or other 
legal entities displaced by the acquisition of said land or property, or 
any of the rights or interest therein hereinbefore mentioned; the 
development, or redevelopment, including, but not limited to, the 
comprehensive renovation or rehabilitation of any land or property, 
or any rights or interests therein hereinbefore mentioned, in the City 
of Baltimore, and the disposition of land and property for such 
purposes; the elimination of unhealthful, unsanitary or unsafe 
conditions, lessening density, eliminating obsolete or other uses 
detrimental to the public welfare or otherwise removing or 
preventing the spread of blight or deterioration in the City of 
Baltimore; the demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, utilities or 
services, and other structures or improvements, and for the 
construction, reconstruction, installation, relocation or repair of 



227 



Ord. No. 83 



buildings, streets, highways, alleys, utilities or services, and other 
structures or improvements; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, 
proper or expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; authorizing the 
issuance of refunding bonds; limiting the use of the proceeds of the 
sale of the bonds to expenditures for capital improvement projects 
having an estimated service life of not less than fifteen (15) years, 
and providing that such proceeds shall not be used for current 
operating expenses of the City; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore City certain powers and 
duties; authorizing the submission of this Ordinance to the legal 
voters of the City of Baltimore, for their approval or disapproval, at 
the Municipal General Election to be held in Baltimore City on 
Tuesday, the 3rd day of November, 1992 and providing for the 
expenditure of the proceeds of sale of said certificates of 
indebtedness in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

WHEREAS, By Resolution VI of 1992 approved by the members of 
the General Assembly of Maryland representing Baltimore City, the Mayor 
and City Council of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding Twelve Million 
Dollars ($12,000,000.00) in the manner and upon the terms set forth in the 
said Resolution, the proceeds derived from the sale of said bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
Community Development Program of Mayor and City Council of Baltimore 
as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 



228 



Ord. No. 83 



Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
Twelve Million Dollars ($12,000,000.00), from time to time, as may be 
needed or required for the purposes hereinafter named and said bonds shall be 
sold by the Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place hereinafter designated 
by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not 
less than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such 
rate or rates as may be determined by the Board of Finance, which rate or 
rates may be fixed or variable or as determined by a method approved by the 
Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 

and City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 



229 



Ord. No. 83 



(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the provisions of this 
Ordinance at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 
issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 
and the principal and interest payable thereon (including any profit made in 
the sale thereof), shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which may be at, above 
or below par value of the bonds, as determined by resolution of the Board of 
Finance of the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 



230 



Ord. No. 83 



SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of this 
Ordinance have been paid in full, the Mayor and City Council of Baltimore 
shall levy and impose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable in the next 
succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Municipal General Election to be held in 
Baltimore City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinance , not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 

4 

(a) So much thereof as may be necessary, in addition 
to the premium realized from the sale, if any, for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys* fees, and 
all other incidental expenses connected therewith (which may include the 
proportion of the compensation of employees and general administrative 
expenses of the Department of Finance reasonably allocated to the issuance of 
the bonds); and 

(b) The remainder of such proceeds shall be used for 
or in connection with planning, developing, executing and making operative 
the Community Development Program of the Mayor and City Council of 
Baltimore, including, but not limited to: 



231 



Ord. No. 83 



(i) The acquisition, by purchase, lease, 
condemnation, or any other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in the City of Baltimore; 

(ii) The payment of any and all costs and 
expenses incurred in connection with or incidental to the acquisition and 
management of said land or property, including any and all rights or interest 
therein hereinbefore mentioned; 

(iii) The payment of any and all costs 
and expenses incurred for or in connection with relocating and moving 
persons or other legal entities displaced by the acquisition of said land or 
property, or any of the rights or interests therein hereinbefore mentioned; 

(iv) The development or redevelopment, 
including, but not limited to, the comprehensive renovation or rehabilitation 
of any land or property, or any rights or interests therein hereinbefore 
mentioned, in the City of Baltimore, and the disposition of land and property 
for such purposes; 

(v) The elimination of unhealthful, 
unsanitary or unsafe conditions, lessening density, eliminating obsolete or 
other uses detrimental to the public welfare or otherwise removing or 
preventing the spread of blight or deterioration in the City of Baltimore; 

(vi) The demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, highways, alleys, utilities 
or services, and other structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements; 

(vii) The payment of any and all costs 
and expenses incurred for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and 

(viii) Doing any and all things necessary, 
proper or expedient in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned. 

All such land or property shall 
be acquired, developed, redeveloped, renovated, rehabilitated, altered, 
improved, held or disposed of, as provided by law. 



232 



Ord. No. 83 



(c) The use of the proceeds of the sale of the bonds 

shall be limited to expenditures for capital improvement projects having an 
estimated service life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the City. 

SEC. 9. AND BE IT FURTHER RESOLVED ORDAINED. That: 

(a) The Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and 
sold under, the provisions of this Ordinance may be issued for the public 
purpose of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 

reduction in the cost of debt service; or 

(ii) Is determined by the Board of 

Finance of the Mayor and City Council of Baltimore to be in the best interests 
of Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 



233 



Ord. No. 83 



improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued in whatever 
principal amount shall be required to achieve the purpose for the issuance of 
the refunding bonds, which amount may be in excess of the principal amount 
of the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued to mature on such 
dates and in such amounts as the Board of Finance may determine; provided 
that the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(0 Any refunding bonds authorized to be issued and 

sold under the provisions of this Ordinance shall bear interest at such rate or 
rates as may be determined by the Board of Finance of the Mayor and City 
Council of Baltimore, which rate or rates may be fixed or variable or as 
determined by a method approved by the Board of Finance, and such interest 
shall be payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds 

authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 



234 



Ord. No. 84 



(h) Except as otherwise provided in this Section 9, the 

powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and 

sold under the provisions of this Ordinance shall not be subject to any debt 
policy limitation that may from time to time be established by the Mayor and 
City Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 84 
(Council Bill No. 155) 
AN ORDINANCE concerning 

4 

BOND ISSUE - AQUARIUM LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 

(pursuant to Resolution V of 1992 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal 
amount not exceeding Three Million Five Hundred Thousand Dollars 
($3,500,000.00), the proceeds derived from the sale thereof to be 
used for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys* fees, and all other incidental 
expenses connected therewith, and the remainder of such proceeds to 
be used for development of the National Aquarium in Baltimore, 
including but not limited to, the acquisition by purchase, 
condemnation or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and constructing and erecting 



235 



Ord. No. 84 



on said land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, new 
buildings, structures, and other auxiliary facilities; and for the 
renovation, alteration, construction, reconstruction, installation, 
improvement and repair of land or property in Baltimore City, to be 
or now being used for or in connection with the operations, 
functions, and activities of the National Aquarium in Baltimore; and 
for equipment for any and all facilities authorized to be constructed 
or erected by the provisions hereof; the payment of any and all costs 
and expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic 
analysis, engineering, planning, designing, architectural, surveying, 
and other professional services; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore City certain powers and 
duties; authorizing the submission of this Ordinance to the legal 
voters of the City of Baltimore, for their approval or disapproval, at 
the Municipal General Election to be held in Baltimore City on 
Tuesday, the 3rd day of November, 1992 and providing for the 
expenditure of the proceeds of sale of said certificates of 
indebtedness in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

WHEREAS, By Resolution V of 1992 approved by the members of 
the General Assembly of Maryland representing Baltimore City, the Mayor 
and City Council of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called "bonds") as evidence 
thereof, in an aggregate principal amount not exceeding Three Million Five 
Hundred Thousand Dollars ($3,500,000.00) in the manner and upon the terms 
set forth in the said Resolution, the proceeds derived from the sale of said 
bonds, not exceeding the par value of the bonds, to be used in connection 
with the National Aquarium in Baltimore as authorized by said Resolution; 
and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 



236 



Ord. No. 84 



Baltimore, acting by and through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal amount not exceeding 
Three Million Five Hundred Thousand Dollars ($3,500,000.00), from time to 
time, as may be needed or required for the purposes hereinafter named and 
said bonds shall be sold by the Board of Finance from time to time and at 
such times as shall be requisite, and the proceeds derived from the sale of 
said bonds shall be used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be approved by a 
majority of the votes of the legal voters of Baltimore City cast at the time and 
place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of not 
less than Five Hundred Dollars ($500.00) each, but may be in sums of Five 
Hundred Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than forty 
(40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such 
rate or rates as may be determined by the Board of Finance, which rate or 
rates may be fixed or variable or as determined by a method approved by the 
Board of Finance, and such interest shall be payable at such time or times as 
may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of 
the Board of Finance of the Mayor and City Council of Baltimore be, and 
they are hereby, authorized to pass a resolution or resolutions, from time to 
time, to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 

and City Council of Baltimore at any particular time, and from time to time, 
under and pursuant to the provisions of this Ordinance; the date or dates when 
any bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature upon 
the aforesaid date or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 



237 



Ord. No. 84 



(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the provisions of this 
Ordinance at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, 
place, manner and medium of advertisement of the readiness of the Board of 
Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be 
issued hereunder or any part thereof; the form, terms and conditions of such 
bids; the time, place and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this Ordinance are offered for 
sale and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the bonds 
so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this Ordinance shall be 
applied first to defray the cost of issuance thereof and the balance, if any, 
shall be applied to the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are issued and sold or 
during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and their transfer, 
and the principal and interest payable thereon (including any profit made in 
the sale thereof) , shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which may be at, above 
or below par value of the bonds, as determined by resolution of the Board of 
Finance of the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 



238 



Ord. No. 84 



SEC. 5. AND BE IT FURTHER ORDAINED, That until all of 
the interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred Dollars 
($100.00) of assessable property in the City of Baltimore at a rate sufficient to 
produce revenue to pay all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and outstanding, payable in 
the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Munioipol General Election to be held in 
Baltimore City, on Tuesday, the 3rd day of November, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the 
date of the election hereinbefore mentioned, notice shall be given to the public 
of the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under the 
provisions of this Ordinanc e, not exceeding the par value thereof, shall be 
used exclusively for the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premium realized from the sale, if any, for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys* fees, and 
all other incidental expenses connected therewith (which may include the 
proportion of the compensation of employees and general administrative 
expenses of the Department of Finance reasonably allocated to the issuance of 
the bonds); and 

(b) The remainder of such proceeds shall be used for 
the development of the National Aquarium in Baltimore, including but not 
limited to, the acquisition by purchase, condemnation or any other legal 
means, of land or property, or any rights therein, in the City of Baltimore, 
and constructing and erecting on said land or property, or on any land or 
property now or hereafter owned by the Mayor and City Council of 
Baltimore, new buildings, structures, and any other auxiliary facilities; and 



239 



Ord. No. 84 



for the renovation, alteration, construction, reconstruction, installation, 
improvement and repair of land or property in Baltimore City, to be or now 
being used for or in connection with the operations, functions, and activities 
of the National Aquarium in Baltimore; and for equipment for any and all 
facilities authorized to be constructed or erected by the provisions hereof; the 
payment of any and all costs and expenses incurred for or in connection with 
doing any or all of the things herein mentioned, including, but not limited to, 
the costs and expenses of securing administrative, appraisal, economic 
analysis, engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

SEC. 9. AND BE IT FURTHER RE S OLVED ORDAINED. That: 

(a) The Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, is hereby authorized and 
empowered to issue its bonds for the purpose of refunding any bonds 
authorized to be issued under the provisions of this Ordinance by payment at 
maturity or the purchase or redemption of bonds in advance of maturity. The 
validity of any refunding bonds shall in no way be dependent upon or related 
to the validity or invalidity of the bonds being refunded. Such refunding 
bonds may be issued by the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance j)rior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued for the public 
purpose of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct comparison or present value 
basis; or 

(2) Debt restructuring that: 



240 



Ord. No. 84 



(i) In the aggregate effects such a 

reduction in the cost of debt service; or 

(ii) Is determined by the Board of 

Finance of the Mayor and City Council of Baltimore to be in the best interests 
of Baltimore City, to be consistent with Baltimore City's long-term financial 
plan, and to realize a financial objective of Baltimore City including, 
improving the relationship of debt service to a source of payment such as 
taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued in whatever 
principal amount shall be required to achieve the purpose for the issuance of 
the refunding bonds, which amount may be in excess of the principal amount 
of the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be issued to mature on such 
dates and in such amounts as the Board of Finance may determine; provided 
that the entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at; above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids therefor 
for any reason. 

(f) Any refunding bonds authorized to be issued and 
sold under the provisions of this Ordinance shall bear interest at such rate or 
rates as may be determined by the Board of Finance of the Mayor and City 
Council of Baltimore, which rate or rates may be fixed or variable or as 
determined by a method approved by the Board of Finance, and such interest 
shall be payable at such time or times as may be determined by the Board of 
Finance. 



241 



Ord. No. 85 

(g) The proceeds of the sale of any refunding bonds 

authorized to be issued and sold under the provisions of this Ordinance, after 
the payment of issuance costs relating thereto, shall be set aside by the Mayor 
and City Council of Baltimore as a separate trust fund to be used solely for 
the purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, 

powers granted in, the limitations and obligations imposed by, and the 
procedures specified in this Ordinance with respect to the issuance of bonds 
shall be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and 

sold under the provisions of this Ordinance shall not be subject to any debt 
policy limitation that may from time to time be established by the Mayor and 
City Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance shall be in accordance with 
the provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 85 

(Council Bill No. 188) 

AN ORDINANCE concerning 

URBAN RENEWAL - MARKET CENTER - 
AMENDMENT NO. 9 

FOR the purpose of amending the Urban Renewal Plan for Market Center 
Urban Renewal Area to, among other things (1) authorize the 
acquisition by purchase or by condemnation, of certain properties for 
urban renewal purposes; (2) provide standards and controls for 
certain disposition lots; (2)_(3) revise appropriate Exhibits attached to 



242 






Ord. No. 85 



the Plan to reflect the changes proposed herein; {3) {4} waive such 
requirements, if any, as to the content or procedure for the 
preparation, adoption and approval of renewal plans as set forth in 
Article 13 of the Baltimore City Code (1983 Replacement Volume, 
as amended) which the Renewal Plan for Market Center may not 
meet; (4) {5} provide for the severability of the various parts and 
applications of this ordinance; <S) {6} provide that where the 
provisions of this ordinance shall conflict with any other ordinance, 
code or regulation in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and (6) (7) 
provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Market Center, 
formerly known as the Retail District, was first approved by the Mayor and 
City Council of Baltimore by Ordinance No. 579, dated November 16, 1977 
and last amended by Ordinance No. 8, dated March 15, 1989; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended), no substantial change or changes 
shall be made in any renewal plan, after approval by ordinance, without such 
changes or changes first being adopted and approved in the same manner as 
set forth in said Article 13 for the approval of renewal plans, namely the 
preparation of such change or changes by the Department of Housing and 
Community Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption by 
ordinance of the Mayor and City Council of Baltimore after a public hearing 
in relation thereto, all in the manner set forth in said Article 13; and 

WHEREAS, Said amended Renewal Plan for Market Center has 
been approved by the Director of the Department of Planning with respect to 
its conformity as to the Master Plan, the detailed location of any public 
improvements proposed in the amended Renewal Plan, its conformity as to 
the rules and regulations for subdivisions, and its conformity to existing and 
proposed zoning classifications; and the said amended Renewal Plan has been 
approved and recommended to the Mayor and City Council of Baltimore, by 
the Commissioner of the Department of Housing and Community 
Development, now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCI1 COUNCIL OF BALTIMORE, That the amended Urban Renewal 
Plan for Market Center, identified as "Urban Renewal Plan, Market 
Center...., revised to include Amendment No. 9, dated April 22, 1992", is 
hereby approved and the olork Clerk of the City Council is hereby directed to 



243 



Ord. No. 85 



file a copy of said amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record and to make the same 
available for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary 
to acquire, by purchase or by condemnation, for urban renewal purposes, the 
fee simple interest or any lesser interest in and to the following properties or 
portions thereof, together with all right, title, interest and estate that the 
owner or owners of said property interests may have in all streets, alleys, 
ways or lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

118-32 N. Howard Street 

311-13 W. Lexington Street 

315-19 W. Lexington Street 

SS W. Lexington Street 136-11 ft. W. of N. Howard Street 

(Lot 18A, Block 619) 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or such person or 
persons and in such manner as the Board of Estimates, in the exercise of the 
power vested in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are authorized to acquire on 
behalf of the Mayor and City Council of Baltimore and for purposes 
described in this Ordinance, the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove mentioned. If the said 
Real Estate Acquisition Division of the Department of the Comptroller, or 
such person or persons, and in such manner as the Board of Estimates in the 
exercise of the power vested in it by Article V, Section 5 of the Baltimore 
City Charter, may hereafter from time to time designate^ is or are unable to 
agree with the owner or owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the revised 
Exhibit: Exhibit 2, entitled Property Acquisition/Land 
Disposition/Development Area, dated as revised April 22, 1992, and further 
revised May 22. 1992. is hereby approved. 



244 






Ord. No. 85 



SEC. 5. AND BE IT FURTHER ORDAINED. That the standards 
and controls provided for certain disposition lots, as contained in the amended 
Urban Renewal Plan under Section E.4.(b). dated as revised May 22. 1992. 
are hereby approved. 

SEC. $ 6. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the Renewal Plan approved hereby for the Market Center area 
may not meet the requirements as to the content of a renewal plan or the 
procedure for the preparation, adoption, and approval of renewal plans as 
provided in Article 13 of the Baltimore City Code (1983 Replacement 
Volume, as amended), the said requirements are hereby waived and the 
amended Renewal Plan approved hereby is exempted therefrom. 

SEC. 6 7. AND BE IT FURTHER ORDAINED, That in the event 
it be judicially determined that any word, phrase, clause, sentence, paragraph, 
section or part in or of this Ordinance or the application thereof to any person 
or circumstances is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not be affected 
thereby, the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance without the word, phrase, 
clause, sentence, paragraph, section or part, or the application thereof so held 
invalid. 

SEC. 7 8. AND BE IT FURTHER ORDAINED, That in any case 
where a provision of this Ordinance concerns the same subject matter as an 
existing provision of any zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, however, that if such 
provisions" are found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public health and 
safety prevail In any case where a provision of this Ordinance is found to be 
in conflict with an existing provision of any other ordinance or code or 
regulation in force in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and safety, the provision 
of this Ordinance shall prevail, and the other existing provision of such other 
Ordinance or code or regulation is hereby repealed to the extent that it may 
be found in conflict with this Ordinance. 

SEC. % 9. AND BE IT FURTHER ORDAINED, That this 
Ordinance ordinance shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



245 



Ord. No. 86 

CITY OF BALTIMORE 

ORDINANCE NO. 86 

(Council Bill No. 200) 

AN ORDINANCE concerning 

EMPLOYEES' RETIREMENT SYSTEM 

FOR the purpose of deleting unnecessary wordage, clarifying certain 

language, and generally making technical amendments to the Employees' 
Retirement System. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Sections 1(30), 6(a)(14), 6(c)(12), 6(f)(13), 8(a)(1), 9(e), 9(f)(1), 9(f)(2), 

9(m)(7), 16(e)(1), 16(e)(2), 17 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

1. Definitions. 

(30) "Covered Compensation" shall mean for any member on any date, 
an annual amount determined on the basis of the Federal Social Security Act 
as in effect on the first day of the fiscal year during which the determination 
is made. Such annual amount shall equal the average of the taxable wage 
bases (as defined herein) in effect for each calendar year during the 35 year 
period ending with the calendar year which ends immediately prior to the 
earlier of (a) JULY 1 OF the fiscal year in which the member terminates City 
employment or (b) the calendar year in which the member attains age 65. 
"Taxable wage base" means, with respect to any calendar year, the maximum 
amount of earnings which may be considered wages under Section 3121 (a)(1) 
of the Internal Revenue Code of 1986 . AS AMENDED . 



246 



Ord. No. 86 



2. Benefits. 

(a) Service retirement benefits for any Class A or Class B member who 
was an employee on or after June 29, 1989. 

(14) In the event that a member who was an employee on or after 
[June 30, 1987] JUNE 29, 1989, retires and elects to receive maximum 
benefits without optional modification later dies and is survived by a spouse to 
whom the member had been married for at least one (1) year immediately 
prior to retirement, an amount equal to [40%] 35% (or such different amount 
as set forth below) of the allowance said member was receiving shall be paid 
to such surviving spouse to continue as long as he or she remains unmarried. 
If there is no such spouse or if the spouse dies or remarries before the 
youngest unmarried child of said deceased member shall have either attained 
the age of eighteen (18) years or, in the event said child is a full-time student, 
before he shall have attained the age of twenty-two (22) years, then an 
amount equal to [40%] 35% (or such different amount as set forth below) of 
the allowance said member was receiving shall be paid to such child or 
children, divided in such manner as the Board of Trustees in its discretion 
shall determine to continue for the benefit of such child or children until the 
last child marries, dies or either attains the age of eighteen (18) years or in 
the event he is a full-time student, attains the age of twenty-two (22) years. 
FOR MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY 
BEFORE JUNE 29, 1990, THE PRECEDING TWO SENTENCES SHALL 
BE READ BY SUBSTITUTING "33-1/3 %" FOR "35%" WHEREVER 
SUCH AMOUNTS APPEAR THEREIN. 

HOWEVER, EFFECTIVE JUNE 28, 1992, ANY ELIGIBLE 
SURVIVING SPOUSE, CHILD OR CHILDREN OF A MEMBER WHO 
RETIRED AND ELECTED OR WHO WILL RETIRE AND ELECT THE 
MAXIMUM BENEFIT UNDER THE ABOVE PARAGRAPH, SHALL 
RECEIVE 40% OF THE ALLOWANCE THE MEMBER WAS 
RECEIVING. 

(c) Ordinary disability retirement benefit for any Class A or Class B 
member who was an employee on or after June 29, 1989. 

(12) In the event that a member who was an employee on or after 
[June 30, 1987] JUNE 29, 1989, retires and elects to receive maximum 
benefits without optional modification later dies and is survived by a spouse to 
whom the member had been married for at least one (1) year immediately 
prior to retirement, an amount equal to [40%] 35% (or such different amount 
as set forth below) of the allowance said member was receiving shall be paid 



247 



Ord. No. 86 



to such surviving spouse to continue as long as he or she remains unmarried. 
If there is no such spouse or if the spouse dies or remarries before the 
youngest unmarried child of said deceased member shall have either attained 
the age of eighteen (18) years or, in the event said child is a full-time student, 
before he shall have attained the age of twenty-two (22) years, then an 
amount equal to [40%] 35% (or such different amount as set forth below) of 
the allowance said member was receiving shall be paid to such child or 
children, divided in such manner as the Board of Trustees in its discretion 
shall determine to continue for the benefit of such child or children until the 
last child marries, dies or either attains the age of eighteen (18) years or in 
the event he is a full-time student, attains the age of twenty-two (22) years. 
FOR MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY 
BEFORE JUNE 29, 1990, THE PRECEDING TWO SENTENCES SHALL 
BE READ BY SUBSTITUTING "33-1/3%" FOR "35%" WHEREVER 
SUCH AMOUNTS APPEAR THEREIN. 

HOWEVER, EFFECTIVE JUNE 28, 1992, ANY ELIGIBLE 
SURVIVING SPOUSE, CHILD OR CHILDREN OF A MEMBER WHO 
RETIRED AND ELECTED OR WHO WILL RETIRE AND ELECT THE 
MAXIMUM BENEFIT UNDER THE ABOVE PARAGRAPH, SHALL 
RECEIVE 40% OF THE ALLOWANCE THE MEMBER WAS 
RECEIVING. 

(f) Allowance on accidental disability retirement. 

(13) In the event that a member who was an employee on or after 
[JUNE 30, 1987] JUNE 29, 1989, retires and elects to receive maximum 
benefits without optional modification later dies and is survived by a spouse to 
whom the* member had been married for at least one (1) year immediately 
prior to retirement, an amount equal to [40%] 35% (or such different amount 
as set forth below) of the allowance said member was receiving shall be paid 
to such surviving spouse to continue as long as he or she remains unmarried. 
If there is no such spouse or if the spouse dies or remarries before the 
youngest unmarried child of said deceased member shall have either attained 
the age of eighteen (18) years or, in the event said child is a full-time student, 
before he shall have attained the age of twenty-two (22) years, then an 
amount equal to [40%] 35% (or such different amount as set forth below) of 
the allowance said member was receiving shall be paid to such child or 
children, divided in such manner as the Board of Trustees in its discretion 
shall determine to continue for the benefit of such child or children until the 
last child marries, dies or either attains the age of eighteen (18) years or in 
the event he is a full-time student, attains the age of twenty-two (22) years. 
FOR MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY 



248 



Ord. No. 86 



EFORE JUNE 29, 1990, THE PRECEDING TWO SENTENCES SHALL 
BE READ BY SUBSTITUTING "33-1/3%" FOR "35%" WHEREVER 
SUCH AMOUNTS APPEAR THEREIN. 

HOWEVER, EFFECTIVE JUNE 28, 1992, ANY ELIGIBLE 
SURVIVING SPOUSE, CHILD OR CHILDREN OF A MEMBER WHO 
RETIRED AND ELECTED OR WHO WILL RETIRE AND ELECT THE 
MAXIMUM BENEFIT UNDER THE ABOVE PARAGRAPH, SHALL 
RECEIVE 40% OF THE ALLOWANCE THE MEMBER WAS 
RECEIVING. 

8. Method of Financing. 

(a) Annuity Savings Fund. 

(1) The Annuity Savings Fund shall be a fund in which shall be 
accumulated contributions from the compensation of members to provide for 
their annuities. Effective with the first full payroll period commencing closest 
to January 1, 1978, the contributions by a Class A or Class B member to the 
Retirement System shall equal five percent (5%) of his earnable 
compensation, such contributions to continue throughout such member's entire 
period of service, subject to the provisions in Section 8(a)(2). Provided, 
however, that a male member in the system prior to July 1, 1973, who is 
contributing at a rate of contribution which is less than five percent (5%) shall 
continue to contribute at his present rate; and provided, further, that a female 
member in the system prior to July 1, 1973, shall contribute at a rate of 
contribution in effect prior to July 1, 1973, for a male member of 
corresponding age at the time of entrance into the system, unless said rate 
exceeds five percent (5%), in which event her contribution shall equal five 
percent (5%) of her earnable compensation. "Earnable compensation" shall 
be as defined in Section 1, paragraph (11) of this subtitle. 

[For the period beginning July 1, 1991 and ending June 30, 1992, 
the preceding paragraph shall read by substituting "four and one-half percent 
(4.5%)" for "five percent (5%)".] Beginning July 1, 1992, the preceding 
paragraph shall read by substituting "four percent (4%)" for "five percent 
(5%)". 

9. Class C membership. 

(e) Service retirement benefits. Any Class C member in service may 
retire upon his written application to the Board of Trustees setting forth at 
what time, not less than thirty (30) days nor more than ninety (90) days 



249 



Ord. No. 86 



subsequent to the execution and filing thereof, he desires to be retired, 
provided that the said member at the time so specified for his retirement shall 
have complied with the applicable provisions of the retirement benefit applied 
for. [Notwithstanding any other provision of this subtitle, the benefit formula 
under Section 9(e)(1) below shall only apply to members who became 
employees prior to June 28, 1991. Members who became employees after 
June 27, 1991 shall have their retirement benefit determined under Section 
9(e)(4) below without regard to Section 9(e)(1).] 

(1) Normal retirement for any Class C member who was an 
employee on or after June 29, 1989. THIS SUB-SECTION 9(E)(1) SHALL 
NOT APPLY TO CLASS C MEMBERS WHO BECAME EMPLOYEES 
AFTER JUNE 27, 1991. Any Class C member, who has acquired at least 
five (5) yfcirs of service at the normal retirement date of age sixty-five (65), 
shall have a nonforfeitable right to receive a maximum pension commencing 
at the normal retirement date, age sixty-five (65), or an optional pension 
which shall be the actuarial equivalent of the maximum pension as provided in 
Section 9 (m). In addition, any Class C member who has not attained the 
normal retirement date of age sixty-five (65), but acquired thirty (30) years of 
service and has attained the age of at least sixty-two (62), shall be entitled to 
receive a maximum pension calculated as if the member had attained his 
normal retirement date, age sixty-five (65). The maximum pension shall be 
equal to one and eighty-five hundredths of one percent (1.85%) of the 
member's average final compensation multiplied by his years of service (and 
fractions thereof) reduced by one and thirty-three hundredths of one percent 
(1.33%) of the member's Primary Social Security Benefit multiplied by his 
years of service (and fractions thereof) not to exceed thirty (30). However, 
for members who terminate employment with the City before June 29, 1990, 
the preceding sentence shall be read by substituting "one and eighty-four 
hundredths of one percent (1.84%)" for "one and eighty-five hundredths of 
one percent (1.85%)", and by substituting "one and thirty-seven hundredths of 
one percent (1.37%)" for "one and thirty-three hundredths of one percent 
(1.33%)". 

EFFECTIVE JUNE 28, 1992, THE MAXIMUM PENSION FOR 
ANY CLASS C MEMBER WHO WAS AN EMPLOYEE ON OR AFTER 
JUNE 28, 1991, AND WHO IS ELIGIBLE TO RETIRE UNDER THE 
ABOVE PARAGRAPH SHALL BE THE GREATER OF THE 
RETIREMENT BENEFIT PROVIDED IN SECTION 9(E)(1) OR SECTION 
9(E)(4). 

[For purposes of determining the amount of the Primary Social 
Security Benefit reduction in the preceding paragraph (and by any other 



250 



Ord. No. 86 



provision of this article which references Section 9(e), other than Section 
9(i)), any years of service and fractions thereof during which a member did 
not have Old-Age, Survivors and Disability Insurance taxes (as described in 
Section 3111(a) of the Internal Revenue Code of 1986, as amended) paid on 
his behalf by the City by virtue of his employment by the Fire Department to 
perform duties as or substantially similar to a Paramedic (including a cardiac 
rescue technician) or paramedic assistant shall not be taken into account. 
(The preceding sentence shall take effect in accordance with Section 3 of 
Ordinance No. 1156, approved December 7, 1987.)] 

(2) Normal retirement for any Class C member who was an 
employee on or after July 1, 1987, but not after June 28, 1989. Any Class C 
member, who has acquired at least five (5) years of service at the normal 
retirement date of age sixty-five (65), shall have a nonforfeitable right to 
receive a maximum pension commencing at the normal retirement date, age 
sixty-five (65), or an optional pension which shall be the actuarial equivalent 
of the maximum pension as provided in Section 9(m). In addition, any Class 
C member who has not attained the normal retirement date of age sixty-five 
(65), but who has acquired thirty (30) years of service and has attained the 
age of at least sixty-two (62), shall be entitled to receive a maximum pension 
calculated as if the member had attained his normal retirement date, age sixty- 
five (65). The maximum pension shall be equal to one and seven-tenths 
percent (1.70^6) of the member's average final compensation multiplied by 
his years of service (and fractions thereof), reduced by one and five-tenths 
percent (1.5%) of the member's Primary Social Security Benefit multiplied by 
his years of service (and fractions thereof) not to exceed thirty (30). 

[For purposes of determining the amount of the Primary Social 
Security Benefit reduction in the preceding sentence (and by any other 
provision of this article which references Section 9(e), other than Section 
9(i)), any years of service and fractions thereof during which a member did 
not have Old-Age, Survivors and Disability Insurance taxes (as described in 
Section 3111(a) of the Internal Revenue Code of 1986, as amended) paid on 
his behalf by the City by virtue of his employment by the Fire Department to 
perform duties as or substantially similar to a paramedic (including a cardiac 
rescue technician) or paramedic assistant, shall not be taken into account. 
(The preceding sentence shall take effect in accordance with Section 3 of 
Ordinance No. 1156, approved December 7, 1987.)] 

(3) Offset to normal retirement benefit. There shall be offset from 
any normal retirement benefit payable: 



251 



Ord. No. 86 



The full amount of any benefit or payment currently payable on or 
after normal retirement on account of unemployment compensation insurance 
under any Federal, State or City law, when the City either pays the cost of 
said benefit by means of the reimbursement method or the City's experience 
rate is affected as a result of the taxing method. 

(4) NORMAL RETIREMENT FOR ANY CLASS C MEMBER 
WHO WAS AN EMPLOYEE ON OR AFTER JUNE 28, 1991. MEMBERS 
WHO BECAME EMPLOYEES AFTER JUNE 27, 1991 SHALL HAVE 
THEIR RETIREMENT BENEFIT DETERMINED UNDER THIS SUB- 
SECTION 9(E)(4) WITHOUT REGARD TO SUB-SECTION 9(E)(1). ANY 
CLASS C MEMBER, WHO HAS ACQUIRED AT LEAST FIVE (5) 
YEARS OF SERVICE AT THE NORMAL RETIREMENT DATE OF AGE 
SIXTY-FIVE (65), SHALL HAVE A NONFORFEITABLE RIGHT TO 
RECEIVE A MAXIMUM PENSION COMMENCING AT THE NORMAL 
RETIREMENT DATE, AGE SIXTY-FIVE (65), OR AN OPTIONAL 
PENSION WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF 
THE MAXIMUM PENSION AS PROVIDED IN SECTION 9(M). IN 
ADDITION, ANY CLASS C MEMBER WHO HAS NOT ATTAINED THE 
NORMAL RETIREMENT DATE OF AGE SIXTY-FIVE (65), BUT WHO 
HAS ACQUIRED THIRTY (30) YEARS OF SERVICE AND HAS. 
ATTAINED THE AGE OF AT LEAST SIXTY-TWO (62), SHALL BE 
ENTITLED TO RECEIVE A MAXIMUM PENSION CALCULATED AS 
IF THE MEMBER HAD ATTAINED HIS NORMAL RETIREMENT 
DATE, AGE SIXTY-FIVE (65). [In no event shall the maximum pension 
determined under Section 9(e)(1) for a member who was an employee ON OR 
after June 28, 1991, be less than] THE MAXIMUM PENSION SHALL BE 
EQUAL TO: (a) one and four hundred twenty-five thousandths of one 
percent (l'.425%) of the member's average final compensation plus four 
hundred twenty-five thousandths of one percent [(1.425%)] (.425%) of the 
member's average final compensation in excess of his covered compensation, 
multiplied by his years of service (and fractions thereof) not in excess of 
thirty (30), plus (b) one and eighty-five hundredths of one percent (1.85%) of 
the member's average final compensation multiplied by his years of service 
(and fractions thereof) in excess of thirty (30). For members who retire on or 
after June 28, 1991, and before June 28, 1992, the preceding sentence shall 
read BY SUBSTITUTING "one and forty hundredths of one percent 
(1.40%)" for "one and four hundred twenty-five thousandths of one percent 
(1.425%)" and o holl r*id BY SUBSTITUTING "forty-five hundredths of one 
percent [(.40%)] (.45%)" for "four hundred twenty-five [hundredths] 
THOUSANDTHS of one percent (.425%)." The maximum pension benefit 
provided by this Section 9(e)(4) shall be taken into account when determining 
the benefit to which a member is entitled under Section 9(f) (early 



252 



Ord. No. 86 



retirement), Section 9(h) (postponed retirement), Section 9(i) (ordinary 
disability retirement) and Section 9(1) (termination of employment). This 
Section 9(e)(4) is subject to the offset set forth in Section 9(e)(3) above. 

EFFECTIVE JUNE 28, 1992, THE MAXIMUM PENSION FOR 
ANY CLASS C MEMBER WHO WAS AN EMPLOYEE ON OR AFTER 
JUNE 28, 1991, AND WHO IS ELIGIBLE TO RETIRE UNDER SECTION 
9(E)(1) SHALL BE THE GREATER OF THE RETIREMENT BENEFIT 
PROVIDED IN SECTION 9(E)(1) OR SECTION 9(E)(4). 

(f) Early retirement. 

(1) Any Class C member who ceases to be employed by the City 
and who has acquired thirty (30) years of service, or who has attained age 
fifty-five (55) and has acquired five (5) years of service, shall have a 
nonforfeitable right to receive a maximum pension commencing at the normal 
retirement date of age sixty-five (65), calculated in accordance with the 
following rules: 

(i) The pension shall be determined under Section 9(e) based on 
the member's average final compensation and years of service (and fractions 
thereof) as of the date he ceased being an employee. 

(ii) The offset of the Primary Social Security Benefit will be 
calculated on the assumption that the member would have continued to receive 
until his normal retirement date, age sixty-five (65), compensation at the rate 
in effect at the time of his retirement. 

[(iii) If such member elects to have his maximum or optional 
pension commence prior to normal retirement date, age sixty-five (65), the 
amount of said maximum or optional pension shall be permanently reduced as 
follows: 

If a member who was an employee on or after July 29, 1989, has 
at least thirty (30) years of service as of the date he ceased being an 
employee, the amount of his pension shall be reduced by seventeen 
hundredths of one percent (0.17%) for each full month (or fraction thereof) 
by which the commencement of his pension precedes his normal retirement 
date. 

(a) If a member who was an employee on or after June 28, 
1991, has at least thirty (30) years of service as of the date he ceased being 
an employee, the amount of his pension shall be reduced by seventeen 



253 



Ord. No. 86 



hundredths of one percent (0.17%) for each full month (or fraction thereof) 
by which the commencement of his pension precedes his sixty-second 
birthday. For members who terminate employment with the City after June 
28, 1990, but before June 29, 1991, the preceding sentence shall be read by 
substituting "seventeen hundredths of one percent (0.17%)" for "eighty-three 
thousandths of one percent (0.083%)." 

(b) If a member who was an employee on or after July 1, 
1987 but not after June 28, 1989, has at least thirty (30) years of service as of 
the date he ceased being an employee, the amount of his pension shall be 
reduced by twenty-five hundredths of one percent (0.25%) for each full 
month (or fraction thereof) by which the commencement of his pension 
precedes his normal retirement date. 

(c) If a member who was an employee on or after July 1, 
1987, has less than thirty (30) years of service as of the date he ceased being 
an employee, the amount of his pension shall be reduced by one-one hundred 
and eightieth (1/180) for each of the first sixty (60) months (or fraction 
thereof) by which the commencement of his pension precedes his normal 
retirement date, and by one-three hundred and sixtieth (1/360) for each 
additional month (or fraction thereof) by which the commencement of his 
pension precedes his normal retirement date. 

(d) A member who ceased being an employee prior to July 1, 
1987, shall have his maximum or optional pension calculated according to 
Ordinance 1055 of 1979. If said member elects to have his maximum or 
optional pension commence prior to normal retirement date, age sixty-five 
(65), his maximum or optional pension shall be actuarially reduced based 
upon the unisex table approved by the Board of Trustees and known as "The 
Actuarial Reduction for Early Payment Class C Members only Table, 
effective August 1, 1983."] 

[(2) Notwithstanding anything to the contrary in this subtitle, should any 
member appointed for a fixed term set by law not be reappointed either 
voluntarily or involuntarily, after acquiring twenty (20) years of service, or;] 

(2) IF SUCH MEMBER ELECTS TO HAVE HIS MAXIMUM OR 
OPTIONAL PENSION COMMENCE PRIOR TO NORMAL RETIREMENT 
DATE, AGE SIXTY-FIVE (65), THE AMOUNT OF SAID MAXIMUM OR 
OPTIONAL PENSION SHALL BE PERMANENTLY REDUCED AS 
FOLLOWS: 



254 



Ord. No. 86 



(I) THIRTY OR MORE YEARS OF SERVICE AND 
EMPLOYED ON OR AFTER JULY 1, 1987: 

(A) IF A MEMBER WHO WAS AN EMPLOYEE ON 
OR AFTER JULY 1, 1987 BUT NOT AFTER JUNE 
28, 1989, HAS AT LEAST THIRTY (30) YEARS OF 
SERVICE AS OF THE DATE HE CEASED BEING 
AN EMPLOYEE, THE AMOUNT OF HIS PENSION 
SHALL BE REDUCED BY TWENTY-FIVE 
HUNDREDTHS OF ONE PERCENT (0.25%) FOR 
EACH FULL MONTH (OR FRACTION THEREOF) 
BY WHICH THE COMMENCEMENT OF HIS 
PENSION PRECEDES HIS NORMAL RETIREMENT 
DATE, AGE SIXTY-FIVE (65). 

(B) IF A MEMBER WHO WAS AN EMPLOYEE ON 
OR AFTER JUNE 29, 1989, BUT NOT AFTER JUNE 
27, 1991, HAS AT LEAST THIRTY (30) YEARS OF 
SERVICE AS OF THE DATE HE CEASED BEING 
AN EMPLOYEE, THE AMOUNT OF HIS PENSION 
SHALL BE REDUCED BY SEVENTEEN 
HUNDREDTHS OF. ONE PERCENT (0.17%) FOR 
EACH FULL MONTH (OR FRACTION THEREOF) 
BY WHICH THE COMMENCEMENT OF HIS 
PENSION PRECEDES HIS NORMAL RETIREMENT 
DATE, AGE SIXTY-FIVE (65). HOWEVER, FOR 
MEMBERS WHO TERMINATE EMPLOYMENT 
WITH THE CITY BEFORE JUNE 29, 1990, THE 
PRECEDING SENTENCE SHALL BE READ BY 
SUBSTITUTING "TWENTY-ONE HUNDREDTHS OF 
ONE PERCENT (0.21%)" FOR "SEVENTEEN 
HUNDREDTHS OF ONE PERCENT (0.17%)". 

(C) IF A MEMBER WHO WAS AN EMPLOYEE ON 
OR AFTER JUNE 28, 1991, HAS AT LEAST THIRTY 
(30) YEARS OF SERVICE AS OF THE DATE HE 
CEASED BEING AN EMPLOYEE, THE AMOUNT 
OF HIS PENSION SHALL BE REDUCED BY 
SEVENTEEN HUNDREDTHS OF ONE PERCENT 
(0.17%) FOR EACH FULL MONTH (OR FRACTION 
THEREOF) BY WHICH THE COMMENCEMENT OF 
HIS PENSION PRECEDES HIS SIXTY-SECOND 
BIRTHDAY. THE PROVISIONS OF THIS SUB- 



255 



Ord. No. 86 



PARAGRAPH 9(F)(l)(m)(AC) 9(FH2)(D(g BECOME 
EFFECTIVE JUNE 28, 1992. 

(ID LESS THAN 30 YEARS OF SERVICE AND 
EMPLOYED ON OR AFTER JULY 1, 1987: 

IF A MEMBER WHO WAS AN EMPLOYEE ON OR 
AFTER JULY 1, 1987, HAS LESS THAN THIRTY (30) 
YEARS OF SERVICE AS OF THE DATE HE CEASED 
BEING AN EMPLOYEE, THE AMOUNT OF HIS 
PENSION SHALL BE REDUCED BY ONE-ONE 
HUNDRED AND EIGHTIETH (1/180) FOR EACH OF 
THE FIRST SIXTY (60) MONTHS (OR FRACTION 
THEREOF) BY WHICH THE COMMENCEMENT OF HIS 
PENSION PRECEDES HIS NORMAL RETIREMENT 
DATE, AND BY ONE-THREE HUNDRED AND 
SIXTIETH (1/360) FOR EACH ADDITIONAL MONTH 
(OR FRACTION THEREOF) BY WHICH THE 
COMMENCEMENT OF HIS PENSION PRECEDES HIS 
NORMAL RETIREMENT DATE. 

(HI) EMPLOYED PRIOR TO JULY 1, 1987: 

A MEMBER WHO CEASED BEING AN EMPLOYEE 
PRIOR TO JULY 1, 1987, SHALL HAVE HIS MAXIMUM 
OR OPTIONAL PENSION CALCULATED ACCORDING 
TO ORDINANCE 1055 OF 1979. IF SAID MEMBER 
ELECTS TO HAVE HIS MAXIMUM OR OPTIONAL 
PENSION COMMENCE PRIOR TO NORMAL 
RETIREMENT DATE, AGE SDCTY-FIVE (65), HIS 
MAXIMUM OR OPTIONAL PENSION SHALL BE 
ACTUARIALLY REDUCED BASED UPON THE UNISEX 
TABLE APPROVED BY THE BOARD OF TRUSTEES 
AND KNOWN AS "THE ACTUARIAL REDUCTION FOR 
EARLY PAYMENT CLASS C MEMBERS ONLY TABLE, 
EFFECTIVE AUGUST 1, 1983." 

(2b) NOTWITHSTANDING ANYTHING TO THE CONTRARY 
IN THIS SUBTITLE, SHOULD ANY MEMBER APPOINTED FOR A 
FIXED TERM SET BY LAW NOT BE REAPPOINTED EITHER 
VOLUNTARILY OR INVOLUNTARILY, AFTER ACQUIRING TWENTY 
(20) YEARS OF SERVICE, OR [Should] SHOULD a Class C member be 
removed from a regular permanent position of the City without fault on his or 



256 



Ord. No. 86 



her part after the acquisition of 20 years of service (30 years of service if 
removed before July 1, 1987), but has not attained the age of 65, such 
member shall be entitled to receive a retirement benefit based on the actual 
years of service credit and equal to the pension the member would receive if 
he or she had already attained the age of 65, the normal retirement age. The 
reduction contained in Section 9(f)(l)(iii) 9(F)(2) of this subtitle shall not 
apply. In addition, the Primary Social Security Benefit will be calculated on 
the assumption that the member would have no earnings after the calendar 
year prior to the year of retirement under this Section 9(f)(2) 9(F)(2B) . 
notwithstanding the provisions of Section 9(f)(l)(ii) or any other provisions of 
this subtitle which provides for the use of level future earnings. 

Effective June 24, 1990, any pre-employment military service credit 
claim shall be subject to the conditions contained in Section 9(d)(2) of this 
subtitle, except the military service credit claim shall not be subject to the age 
65 requirement contained in subsection 9(d)(2). However, any benefit for 
which the member could be eligible shall be determined before the military 
service credit provided for herein is added to the service credit acquired by 
the member. 

Effective December 2, 1991, the provisions of the above paragraph 
shall apply to any member who retired under Section [9(f)(2) or] 9(f)(2b). 
Any increased benefits due to such a retired member shall be paid 
prospectively from the effective date of this ordinance. Furthermore, variable 
benefits, if any paid to such a retired member shall not be changed as a result 
of this ordinance. 

(m) Optional retirement allowances. 

(7) In the event that a member who was an employee on or after 
June 29, 1989, retires and elects to receive maximum benefits without 
optional modification later dies and is survived by a spouse to whom the 
member had been married for at least one (1) year immediately prior to 
retirement, an amount equal to [40%] 35% (or such different amount as set 
forth below) of the allowance said member was receiving shall be paid to 
such surviving spouse to continue as long as he or she remains unmarried. If 
there is no such spouse or if the spouse dies or remarries before the youngest 
unmarried child of said deceased member shall have either attained the age of 
eighteen (18) years or, in the event said child is a full-time student, before he 
shall have attained the age of twenty-two (22) years, then an amount equal to 
[40%] 35% (or such different amount as set forth below) of the allowance 
said member was receiving shall be paid to such child or children, divided in 
such manner as the Board of Trustees in its discretion shall determine to 



257 



Ord. No. 86 



continue for the benefit of such child or children until the last child marries, 
dies or either attains the age of eighteen (18) years or in the event he is a full- 
time student, attains the age of twenty-two (22) years. FOR MEMBERS 
WHO TERMINATE EMPLOYMENT WITH THE CITY BEFORE JUNE 
29, 1990, THE PRECEDING TWO SENTENCES SHALL BE READ BY 
SUBSTITUTING "33-1/3 %" FOR "35%" WHEREVER SUCH AMOUNTS 
APPEAR THEREIN. 

HOWEVER, EFFECTIVE JUNE 28, 1992, ANY ELIGIBLE 
SURVIVING SPOUSE, CHILD OR CHILDREN OF A MEMBER WHO 
RETIRED AND ELECTED OR WHO WILL RETIRE AND ELECT THE 
MAXIMUM BENEFIT UNDER THE ABOVE PARAGRAPH, SHALL 
RECEIVE 40% OF THE ALLOWANCE THE MEMBER WAS 
RECEIVING. 

16. Additional opportunity for Class A and Class B members to obtain 
credit for service and prior service. 

(e) Additional opportunity to purchase credit for service for Baltimore 
City employment. 

Any Class A or Class B member shall be entitled to purchase service 
credit for any employment or membership service earned by regular and 
permanent employment with the City of Baltimore regardless of retirement or 
pension system membership, provided: 

(1) The employment or service did not result in the member's being 
entitled to any current or future benefits for such employment or service in 
such other retirement or pension system; and 

(2) The A or B member pays to the Employees* Retirement System 
by a single payment the employee's contribution equal to the current salary of 
the employee in the year of purchase multiplied by the employees* 
contribution rate of five percent (5%), IF THE PURCHASE IS MADE 
PRIOR TO JULY 1, 1992, OR BY THE EMPLOYEES* CONTRIBUTION 
RATE OF FOUR PERCENT (4%), IF THE PURCHASE IS MADE AFTER 
JUNE 30, 1992, multiplied by the number of years or part of a year being 
purchased; plus, the employer's contribution equal to the current salary of the 
employee in the year of purchase multiplied by the employer rate for the 
normal cost multiplied by the number of years or part of a year being 
purchased. 

17. Post retirement benefit increases to certain retirees and beneficiaries. 



258 






Ord. No. 86 



Each retired member or beneficiary (Classes A, B, and C) who is 
receiving periodic benefits pursuant to the provisions of the Retirement 
System may be eligible for an increase in the amount of such periodic benefits 
subject to the following provisions. 

(a) Eligibility. Each member who has retired from active service, 
whether before or after the effective date of this ordinance, and each 
beneficiary of a deceased member who is or will be receiving periodic 
retirement benefits, whether before or after the effective date of this 
ordinance, and who receives periodic benefit payments for two (2) or more 
years may be eligible for an increase in such periodic benefit determined 
according to this Section 17. Such two year period shall be calculated 
commencing with the effective date of the first retirement benefit payment 
paid to either the retired member or the beneficiary of a deceased member 
and shall be determined on June 30 of each year commencing with June 30, 
1983. Years retired as a beneficiary of a former retired member shall include 
the years that the member was retired. Eligible members and beneficiaries 
are also referred to herein as "persons". 

(b) Amount of benefit increase. As of the end of each Fiscal Year, a 
determination shall be made of the amount of increase (if any) of retirement 
benefit payments which may be payable to eligible persons. The amount of 
retirement benefit increase shall be calculated with reference to excess 
investment earnings of the Annuity Reserve Fund and the Pension Reserve 
Fund only, and according to the method described in (c) below. 

After determination of the amount of excess investment earnings 
available for retirement benefit increases, such excess investment earnings 
shall be allocated to eligible retired members and beneficiaries according to 
the following method. The percentage which the benefits shall be increased 
shall be determined by the actuary as the amount that the investment earnings 
determined in (c) below would be sufficient to fund on a single premium paid 
up annuity basis using the actuarial valuation assumptions on the June 30th 
preceding the effective date of the increase. 

(i) Effective as of January 1, 1984, an increase may be payable to 
each retiree or beneficiary eligible pursuant to subsection (a) of this section as 
of June 30, 1983. 

(ii) Until the benefit increase objectives set forth in (hi) below have 
been met, the allocation to eligible persons shall be made with reference to 
the number of full continuous years that each person has been receiving 
retirement benefits from this plan and the amount of each person's benefit 



259 



Ord. No. 86 



being paid as of June 30, 1983. A percentage factor will be determined by 
the actuary to increase benefits to those eligible. The percent increase in an 
eligible member's or beneficiary's benefit will equal the percentage factor 
times full years which the member or beneficiary has been receiving benefits. 
No fractional years will be used. 

(iii) The allocation method set forth in (ii) above shall apply only 
until the following benefit increase objectives have been met: 



Date benefit 


Percent 


Date benefit 


Percent 


payments began 


increase 


payments began 


increase 


7/1/80-6/30/81 


1.0% 


7/1/70-6/30/71 


11.0% 


7/1/79-6/30/80 


2.0% 


♦7/1/69-6/30/70 


12.0% 


7/1/78-6/30/79 


3.0% 


7/1/68-6/30/69 


13.0% 


7/1/77-6/30/78 


4.0% 


7/1/67-6/30/68 


14.0% 


7/1/76-6/30/77 


5.0% 


7/1/66-6/30/67 


15.0% 


7/1/75-6/30/76 


6.0% 


7/1/65-6/30/66 


16.0% 


7/1/74-6/30/75 


7.0% 


7/1/64-6/30/65 


17.0% 


7/1/73-6/30/74 


8.0% 


7/1/63-6/30/64 


18.0% 


7/1/72-6/30/73 


9.0% 


7/1/62-6/30/63 


19.0% 


7/1/71-6/30/72 


10.0% 


before 7/1/62 


20.0% 



After the above objectives have been met, the allocation of new excess 
investment earnings shall be made without reference to the number of years 
any member or beneficiary has been receiving benefits. The allocation to 
eligible persons shall then be made by the actuary on an equal percentage 
basis. 

(iv) For each June 30th after June 30, 1983, the determination of the 
amount of excess investment earnings and allocation of such earnings to 
eligible persons shall be calculated using the appropriate method outlined in 
(ii) or (iii) above with the amount of distribution and the allocation of such 
amount being calculated as of the end of the Fiscal Year, with any increase to 
commence effective as of the following January 1. 

The benefit increase payable pursuant to this section shall be payable in 
the same form as the basic benefit being received by the eligible person. 

(c) Amount of investment income to be used to increase benefits. 
Notwithstanding Section 7 as it applies to excess earnings, the amount of 
excess investment earnings available as of each June 30 for an increase in 
benefits will be equal to the product of (i), (ii) and (iii) below. Each item 



260 






Ord. No. 86 



below except for item (ii) under this subsection (c) is determined as of each 
June 30th beginning with June 30, 1983, and any benefit increase shall 
become effective as of the following January 1 . Item (ii) below is determined 
as of the June 30th that is eighteen (18) months prior to the effective date of 
the benefit increase, beginning with June 30, 1982. 

(i) The dollar amount of net excess investment earnings determined 
on the following basis: 

Before the Reserve for Book Value is paid off, net excess investment 
earnings shall be that portion of total fund earnings between 8% and 10Vi% 
of average market value, plus one-half of the fund earnings in excess of 
10»/i%; 

After the Reserve for Book Value is paid off, net excess investment 
earnings shall be that portion of total fund earnings between 714% and 10% 
of average market value, plus one-half of fund earnings in excess of 10%. 

For the purposes of the above calculations, earnings shall be net of 
investment expenses and include realized and unrealized gains and losses and 
all other sources of investment gains and losses as shown in the actuary's 
report. The investment return used in this section shall be based on the 
annual return as of each June 30, commencing with the year ending June 30, 
1983. The average market value for the year shall equal one-half of the 
market value of the four funds as of the beginning of the year plus one-half of 
the market value of the funds as of the end of the year minus one-half of the 
earnings during the year. The earnings and market values of the funds for the 
purpose of this section are assumed to be equal to the values contained in the 
actuary's report. Any later audit changes shall be ignored. 

(ii) The ratio of the sum of the Annuity Reserve Fund plus the 
Pension Reserve Fund to the sum of all four funds: Annuity Savings Fund, 
Annuity Reserve Fund, Pension Accumulation Fund, and the Pension Reserve 
Fund. 

(hi) 3/4 on June 30, 1983 for the initial increase (if any) and 3/4 for 
each subsequent year until a Contingency Reserve Fund has been accumulated 
according to the following method. The remaining 1/4 of excess investment 
earnings as of June 30, 1983, and each June 30 thereafter shall be set aside as 
a Contingency Reserve Fund until the value of such fund is at least equal to 
1 x h % of the Annuity Reserve Fund and the Pension Reserve Fund as of the 
end of the most recent June 30. The Contingency Reserve Fund shall serve 
as a reserve to insure payment of previously accrued benefit increases for any 



261 



Ord. No. 86 



year in which the Paid Up Benefit Fund does not meet its interest assumption. 
While the Board of Trustees may fund increases through the establishment of 
a Paid Up Benefit Fund, it shall also have the option of funding any increases 
through the purchase of annuity contracts from one or more insurance 
companies. For each year when the Contingency Reserve Fund is not less 
than 2 x h% of the Annuity Reserve Fund and the Pension Reserve Fund, the 
3/4 fraction shall not apply and the amount available to increase benefits shall 
be the product of (i) and (ii). 

(d) Paid Up Benefit Fund and Contingency Reserve Fund. 

(i) The existence of a Paid Up Benefit Fund and a Contingency 
Reserve Fund is hereby specifically authorized, Section 8 to the contrary 
notwithstanding. 

(ii) The Paid Up Benefit Fund shall be the primary fund from which 
shall be paid all benefit increases provided under this section. The Paid Up 
Benefit Fund shall be funded with excess investment earnings consistent with 
(c) above. For any year in which the investment return of the Paid Up 
Benefit Fund exceeds the interest assumption on which the purchase of paid 
up benefits is based, such excess shall remain in the fund and thereby help 
insure payment of previously accrued benefit increases. 

(iii) The Contingency Reserve Fund shall be a reserve to insure 
payment of previously accrued benefit increases for any year in which the 
Paid Up Benefit Fund does not meet its interest assumption. Should there be 
a deficit in the Paid Up Benefit Fund, the Board of Trustees shall transfer 
assets from the Contingency Reserve Fund to the Paid Up Benefit Fund in 
order to offset such deficit. The Contingency Reserve Fund shall be funded 
with excess investment earnings consistent with (c) above. For any year in 
which the value of the Contingency Reserve Fund is equal to or exceeds 
2 l A% of the Annuity Reserve Fund and the Pension Reserve Fund, earnings 
on the Contingency Reserve Fund shall be applied by the Board of Trustees in 
such amount or amounts as they determine (1) to decrease the amount 
contributed by the City of Baltimore and/or (2) to decrease the period over 
which the unfunded accrued liability will be amortized. 

(iv) The Board shall have the duty and responsibility of periodically 
determining investment policies for the Paid Up Benefit Fund and the 
Contingency Reserve Fund, and such policies shall be consistent with the 
limitations set forth in this section. 



262 






Ord. No. 86 



(v) The Board shall segregate or invest separately the Paid Up 
Benefit Fund and the Contingency Reserve Fund. Furthermore, while the 
Board is empowered to invest and reinvest such funds in any class of 
investment set forth at Section 7, the Board is specifically empowered to 
invest and reinvest the Paid Up Benefit Fund and/or the Contingency Reserve 
Fund in the medium of paid up annuity contracts or guaranteed investment 
contracts purchased from one or more insurance companies, provided that any 
such insurance company shall have no less than the highest rating from A. M. 
Best Company or a comparable company. If, in the purchase of such an 
annuity contract, the single premium paid up annuity cost offered by such 
insurance company results in a cost savings to the retirement system, the 
amount of such cost savings shall be applied by the Board in such amounts as 
they determine (1) to decrease the amount contributed by the City, and/or (2) 
to decrease the period over which the unfunded accrued liability will be 
amortized. 

(e) Benefit increases to be paid only from Paid Up Benefit Fund and 
Contingency Reserve Fund. 

(i) Any benefit increase provided under this section shall be funded 
on a single premium paid up annuity basis. The words "Single Premium paid 
up annuity basis" shall have the common actuarial meaning of spreading the 
amount available to provide a benefit over the lifetime of an individual in the 
form of an annuity. It is intended that any such benefit increase shall 
continue for the lifetime of the eligible member and any beneficiary, 
consistent with any option elected under Section 6 or 9. The foregoing 
Contingency Reserve Fund has been established to insure payment of 
previously accrued benefit increases for any year in which the Paid Up 
Benefit Fund does not meet its interest assumption. 

(ii) The granting of any benefit increase under this section is 
contingent on the performance of the Retirement System's investment funds. 
The continuation of any benefit increase previously accrued under this section 
is specifically made contingent on the ability of the Paid Up Benefit Fund and 
the Contingency Reserve Fund to provide such benefits in the future. Section 
10 and Section 42 to the contrary notwithstanding, any benefit increase 
provided under this section shall not become an obligation of the City of 
Baltimore. In the event of any conflict between Section 10 and/or Section 42 
and this section, the terms of this section shall prevail. 

(iii) If the performance of the Retirement System's investment funds 
causes a decline in the value of the Paid Up Benefit Fund and the 
Contingency Reserve Fund, with the result that full benefit increases 



263 



>rd. No. 87 



previously accrued under this section cannot be continued, then the Trustees 
can reduce or eliminate previously accrued increases on an equal percentage 
basis, effective as of January 1 following the June 30 on which a deficit 
exists. An equal percentage reduction shall be made to all benefits granted 
under this section regardless of when such increases were granted. If the 
Paid Up Benefit Fund and the Contingency Reserve Fund should become 
exhausted or decline in value to the point of having no value, previously 
accrued increases shall be eliminated in full. Any excess investment earnings 
available under (c) above in a subsequent year shall be used to provide an 
increase in benefits without regard to any prior reduction or elimination of 
benefit increases previously accrued. 

(f) [Any member retiring before] ANY RETIRED MEMBER OR 
BENEFICIARY WHO BEGAN RECEIVING PERIODIC RETIREMENT 
BENEFITS PRIOR TO June 28, 1991, shall receive a 3% increase in 
periodic benefits effective July 1, 1992. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 87 

(Council Bill No. 211) 

AN ORDINANCE concerning 

REZONING - 200-206 S. CALHOUN STREET 

FOR the purpose of changing the zoning for the properties known as 200-206 
S. Calhoun Street, from the R-8 Zoning District to the O-R-2 Zoning 
District. 

BY amending Zoning District Maps 
Sheet No. 54 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 



264 






Ord. No. 88 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 54 of the Zoning District 
Maps of Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by changing 
from the R-8 Zoning District to the O-R-2 Zoning District the properties 
known as 200-206 S. Calhoun Street, as outlined in red on the plat 
accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 88 

(Council Bill No. 240) 

AN ORDINANCE concerning 

REZONING - 2301-2325 HOLLINS STREET 

FOR the purpose of changing the zoning for the properties known as 

2301-2325 Hollins Street from the M-2-2 Zoning District to the R-8 
Zoning District. 

BY amending Zoning District Maps 
Sheet No. 54 



265 



Ord. No. 89 



Article 30 - Zoning 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 54 of the Zoning District 
Maps of Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by changing 
from the M-2-2 Zoning District to the R-8 Zoning District the properties 
known as 2301-2325 Hollins Street, as outlined in red on the plat 
accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 89 

(Council Bill No. 250) 

AN ORDINANCE concerning 

URBAN RENEWAL - FINANCIAL DISTRICT - 
AMENDMENT NO. 8 

FOR the purpose of amending the Urban Renewal Plan for the Financial 
District Urban Renewal Area to, (1) recommend closing of certain 
streets; (2) create certain development areas for urban renewal purposes; 



266 



Ord. No. 89 



(3) provide standards and controls; (4) revise appropriate Exhibits 
attached to the Plan to reflect the changes proposed herein; (5) waive 
such requirements, if any, as to the content or procedure for the 
preparation, adoption and approval of renewal plans as set forth in 
Article 13 of the Baltimore City Code (1983 Replacement Volume, as 
amended) which the Renewal Plan for the Financial District may not 
meet; (6) provide for the severability of the various parts and 
applications of this ordinance; (7) provide that where the provisions of 
this ordinance shall conflict with any other ordinance, code or regulation 
in force in the City of Baltimore, the provision which establishes the 
higher standard shall prevail; and (8) providing for the effective date 
hereof. 

WHEREAS, An Urban Renewal Plan for the Financial District was first 
approved by the Mayor and City Council of Baltimore by Ordinance No. 373, 
dated June 28, 1977 and last amended by Minor Amendment, approved by 
the Board of Estimates on February 6, 1991; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended), no substantial change or changes shall be 
made in any renewal plan, after approval by ordinance, without such changes 
or changes first being adopted and approved in the same manner as set forth 
in said Article 13 for the approval of renewal plans, namely the preparation 
of such change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by ordinance of the 
Mayor and City Council of Baltimore after a public hearing in relation 
thereto, all-in the manner set forth in said Article 13; and 

WHEREAS, Said amended Renewal Plan for the Financial District has 
been approved by the Director of the Department of Planning with respect to 
its conformity as to the Master Plan, the detailed location of any public 
improvements proposed in the amended Renewal Plan, its conformity as to 
the rules and regulations for subdivisions, and its conformity to existing and 
proposed zoning classifications; and the said amended Renewal Plan has been 
approved and recommended to the Mayor and City Council of Baltimore, by 
the Commissioner of the Department of Housing and Community 
Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the amended Renewal Plan forthe 
Financial District, identified as "Urban Renewal Plan, Financial District..., 
revised to include Amendment No. 8, dated May 11, 1992", is hereby 



267 



Ord. No. 89 



approved and the Clerk of the City Council is hereby directed to file a copy 
of said amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record and to make the same available for 
public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is hereby 
recommended that (1) a portion of the unit block E. Redwood Street, 
approximately 15 feet plus or minus, above street grade (Air Rights) and (2) a 
portion of the unit block E. Redwood Street below street grade (Subsurface 
Rights) be closed in connection with the proposed development of a new 
office building and parking garage. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings of 
the Department of Public Works with reference to the closing of said streets 
and the proceedings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision, as amended) and any and all 
amendments thereto, and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the Department of 
Legislative Reference. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or such person or 
persons and in such manner as the Board of Estimates, in the exercise of the 
power vested in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are authorized to acquire on 
behalf of the Mayor and City Council of Baltimore and for purposes 
described in this Ordinance, the fee simple interest or any lesser interest in 
and to the streets, properties or portions thereof hereinabove mentioned. If the 
said Real Estate Acquisition Division of the Department of the Comptroller, 
or such person or persons, and in such manner as the Board of Estimates in 
the exercise of the power vested in it by Article V, Section 5 of the Baltimore 
City Charter, any hereafter from time to time designate is or are unable to 
agree with the owner or owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 



268 



Ord. No. 89 



SEC. 5. AND BE IT FURTHER ORDAINED, That the change in 
designated property, as shown on Exhibit A, Designated Properties, dated as 
revised May 11, 1992, is hereby approved. 

SEC. 6. AND BE IT FURTHER ORDAINED, That certain new 
development areas shall be created, as shown in the amended Urban Renewal 
Plan on Exhibit B, Development Areas, dates as revised May 11, 1992. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the changes in 
rights-in-way, as shown on Exhibit E, Right of Way Adjustments, dated as 
revised May 11, 1992, are hereby approved. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the standard and 
controls provided for certain development areas, as contained in the amended 
Urban Renewal Plan under Section F.2., dated as revised May 11, 1992, are 
hereby approved. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said Renewal Plan approved hereby for the Financial 
District area may not meet the requirements as to the content of a renewal 
plan or the procedure for the preparation, adoption, and approval of renewal 
plans, as provided in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended), the said requirements are hereby waived 
and the amended Renewal Plan approved hereby is exempted therefrom. 

SEC. 10. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, paragraph, 
section or part in or of this Ordinance, or the application thereof to any 
person or 'circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or circumstances shall not be 
affected thereby, the Mayor and City Council hereby declaring that they 
would have ordained the remaining provisions of this Ordinance without the 
word, phrase, clause, sentence, paragraph, section or part or the application 
thereof so held invalid. 

SEC. 11. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as an existing 
provision of any zoning, building, electrical, plumbing, health, fire, or safety 
ordinance or code or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, that if such 
provisions are found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion and protection of the public 
health and safety shall prevail. In any case where a provision of this 



269 



Ord. No. 90 



Ordinance is found to be in conflict with an existing provision of any other 
ordinance or code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and protection of the public 
health and safety, the provision of this Ordinance shall prevail, and the other 
existing provision of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this Ordinance. 

SEC. 12. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 90 

(Council Bill No. 258) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS - 
ELECTED OFFICIALS' RETIREMENT SYSTEM 

FOR the purpose of amending the definition of "regular interest" by 

increasing the interest rate used for valuation purposes; changing the 
method used to determine the annual cost payable by a member who 
wishes to continue membership in the plan after the official leaves office 
or is not re-elected; and adopting the projected unit credit actuarial 
funding method effective with the plan year ending June 30, 1992. 

By repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Elected Officials' Retirement System 
Sections 17A(7), 19(c), 24(c) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 



270 



Ord. No. 90 

ARTICLE 22 - RETIREMENT SYSTEMS 

Elected Officials' Retirement System 

17A. Definitions. 

(7) "Regular interest" for the Annuity Savings Fund shall mean interest 
at five and a half per centum (5 1/2%) per annum compounded annually. 
"Regular interest" for the Annuity Reserve Fund, [the Pension Accumulation 
Fund,] the Pension Reserve Fund and for valuation purposes shall mean 
interest at [six per centum (6%)] SEVEN AND ONE-HALF PERCENT (7 
1/2%) per annum compounded annually. "Regular interest" for the purposes 
of determining actuarial equivalents shall mean interest at four and one half 
per centum (4 1/2%) per annum compounded annually. 

19. Membership. 

(c) Notwithstanding anything to the contrary, any Elected official who is 
a member of this Retirement System shall have the right at his option to 
continue membership in the Retirement System following his leaving office or 
the end of the term of office for which he was last elected. The right shall be 
contingent upon such person's making all the payments which would have 
been matfe by him and also by the City {, as determined by the actuary ,^ had 
he continued to hold the elected office. {Such payments shall be based on the 
current annual earnable rate of compensation such person would have 
received, had he remained in office. ] 

THE AMOUNT PAYABLE SHALL BE THE SUM OF THE 
MEMBER'S CONTRIBUTION EQUAL TO THE CURRENT ANNUAL 
EARNABLE COMPENSATION FOR SUCH ELECTED OFFICDVL A S 
THE TIME OF THE PAYMENT, MULTIPLIED BY THE MEMBER 
CONTRIBUTION RATE OF FIVE PERCENT (5%), PRORATED IF THE 
PAYMENT IS FOR LESS THAN A FULL YEAR, PLUS, THE 
EMPLOYER'S CONTRIBUTION EQUAL TO THE CURRENT ANNUAL 
EARNABLE COMPENSATION FOR SUCH ELECTED OFFICL\L AT 
THE TIME OF THE PAYMENT MULTIPLIED BY THE EMPLOYER 
RATE FOR THE NORMAL COST, PRORATED IF THE PAYMENT IS 
FOR LESS THAN A FULL YEAR. THE NORMAL COST RATE SHALL 
BE THE RATE CONTAINED IN THE MOST RECENT ACTUARIAL 
VALUATION APPROVED BY THE BOARD OF TRUSTEES AT THE 
TIME OF THE ELECTED OFFICIAL'S LEAVING OFFICE. THE SAME 
RATE SHALL APPLY TO ALL FUTURE PAYMENTS. THE 
MEMBER'S BENEFIT SHALL BE BASED ON THE SYSTEM'S BENEFIT 



271 



Ord. No. 90 



PROVISION S IN EFFECT AT THE TIME OF THE ELECTED 
OFFICIAL' S LEAVING OFFICE, 

In order to exercise such option, the Elected Official shall be required to 
deposit the remainder of all the payments in advance, within thirty (30) days 
following the leaving of office or the end of the term of office for which the 
Elected Official served, for the current fiscal year which would have been 
paid had he continued to hold such Elective Office. Thereafter, such 
payments shall be made in annual amounts, in advance within thirty (30) days 
of the beginning of each and every fiscal year. Such payments shall entitle 
said official to the same service credit that he was receiving as a member 
prior to his leaving office. Upon accruing twelve (12) years of membership 
credits and fifty (50) years of age or more 1 or sixteen (16) years of 
membership credits the Elected Official shall be entitled to receive a service 
retirement allowance as provided for under the provisions of Section 22(b) of 
this subtitle, computed as if he were a member retiring from active service. 
Should a member so electing die before he becomes eligible for any benefits 
under this subtitle, the amount of his accumulated contributions with interest 
to the date of his death shall be paid to his estate, or to such person as he 
shall have nominated by written designation duly acknowledged and filed with 
the Board of Trustees at the time of his retirement. Such deceased member's 
beneficiary or his estate shall not be entitled to any benefit under this subtitle 
other than the return of the deceased member's accumulated contributions. 

24. Method of Financing. 

Assets. All of the assets of this Retirement System shall be credited 
according to the purpose for which they are held to one of four (4) funds, 
namely, the Annuity Savings Fund, the Annuity Reserve Fund, the Pension 
Accumulation Fund and the Pension Reserve Fund. 

(c) Pension Accumulation Fund. 

(1) The Pension Accumulation Fund shall be the fund in which 
shall be accumulated all reserves for the payment of all pensions and other 
benefits payable from contributions made by the City of Baltimore. 
Contributions to and payments from the Pension Accumulation Fund shall be 
made as follows: 



Ordinance 791 of August 2, 1991 

272 



Ord. No. 90 



(2) On the basis of regular interest and of such mortality and 
other tables as shall be adopted by the Board of Trustees, the actuary engaged 
by the Board shall make a valuation to determine the required contribution by 
the City of Baltimore for the Pension Accumulation Fund. 

(3) EFFECTIVE WITH THE FISCAL YEAR ENDING JUNE 
30, 1992, [The] THE normal cost and accrued liability shall be determined by 
the [individual attained age normal cost method.] PROJECTED UNIT 
CREDIT COST METHOD. [Assets shall be individually allocated for funding 
purposes.] Annual salary increases shall be assumed to increase one and one- 
half percent (1 1/2%) per year less than the investment return. All other 
actuarial assumptions shall be as adopted by the Board of Trustees. 

The accrued liability computed in the preceding paragraph shall be added 
to the reserve for retirement benefits payable to retired members from the 
Pension Accumulation Fund to obtain the total accrued liability. 

The assets of the Pension Accumulation Fund shall be applied against the 
total accrued liability, computed above for all members, retirees, and 
beneficiaries, to determine the amount of unfunded accrued liability. An 
accrued liability contribution shall be determined as the amount which is 
sufficient to meet regular interest on the unfunded accrued liability, and to 
amortize the principal of such unfunded accrued liability over the period of 
time determined by the Board of Trustees. 

(4) The required contribution by the City of Baltimore shall be 
the sum of the normal cost and accrued liability contribution determined 
above; provided, however, that the aggregate payment by the City of 
Baltimore 'shall be sufficient when combined with the amount in the fund to 
provide the pensions and other benefits payable out of the fund during the 
year then current. 

(5) The accrued liability contribution shall be discontinued as 
soon as the accumulated reserve in the Pension Accumulation Fund shall 
equal the present value, as actuarially computed and approved by the Board of 
Trustees, of the total liability of such fund less the present value, computed 
on the basis of the normal contribution rate then in force, of the prospective 
normal contributions to be received on account of persons who are at that 
time members. 

(6) Upon the retirement of a member, an amount equal to his 
pension reserve shall be transferred from the Pension Accumulation Fund to 
the Pension Reserve Fund. 



273 



Ord. No. 91 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 91 

(Council Bill No. 261) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 1426 E. FORT AVENUE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell at either public or private sale all of the interest of the Mayor and 
City Council of Baltimore in and to a certain parcel of land and 
improvements located at 1426 E. Fort Avenue, Baltimore, Maryland, 
said parcel of land and improvements being no longer needed for public 
use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore City be and 
she is hereby authorized to sell, at either public or private sale in accordance 
with Article V, Section 5(b) of the City Charter (1964 Revision, as amended), 
all of the interest of the Mayor and City Council of Baltimore in and to a 
certain parcel of land and improvements situate in Baltimore, Maryland, and 
described as follows: 

1426 E. Fort Avenue (Ward 24, Section 10, Block 2019B, 
Lot 11) a 4,050+ square foot parcel of land 
improved with a two story former firehouse 

Said property being no longer needed for public use. 



274 






Ord. No. 92 



SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been first 
approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED. That exterior 
renovations to the improvements at 1426 E. Fort Avenue shall be subject to 
review by the Commission for Historic and Architectural Preservation. 

SEC. $ 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 92 

(Council BUI No. 271) 

AN ORDINANCE concerning 

FRANCHISE - STRUCTURAL PROJECTIONS AT 
801 COVINGTON STREET 

FOR the purpose of granting permission and authority to the American 
Visionary Art Museum to construct, use and maintain structural 
projections at 801 Covington Street. 

BY authority of 

Article VIE - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority are hereby 
granted to the American Visionary Art Museum, its tenants, successors, and 
assigns, hereinafter referred to as the "Grantee" to construct, use, and 
maintain, at its own cost and expense, for a period not to exceed twenty-five 
(25) years, sculptural projections on the building located at 801 Covington 
Street (also known as 840 Key Highway). 



275 



Ord. No. 92 



On the west side of the building, the projection shall be a steel and glass 
triangular structure, approximately 12 feet wide, 43 feet high, and extending 
7 feet out from the building. 

On the east side of the building, the projection shall be a steel and glass 
structure approximately 9 feet wide, 42 feet high and extending 4 feet out 
from the building. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That structural 
projections shall be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the structural projections 
shall be under the supervision of the Grantee and shall be at all times 
hereafter subject to the regulation and control of the Commissioner of the 
Department of Housing and Community Development and the Director of the 
Department of Public Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the structural projections in good condition throughout the full 
term of this grant, so long as they exist at the location described herein. In 
the event the said structural projections must be readjusted, relocated, 
protected, or supported to accommodate a public improvement, the Grantee 
shall pay all costs in connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, the 
sum of $1.149.43 for the initial fee and thereafter an annual fee of $1.121.68 
per year , • ayable in advance during the continuance of this franchise or 
privilege, or any renewal thereof; and subject to the increase or decrease of 
this charge as provided in Section 6 herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves that right and power, at 
all times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the Grantee 
to twenty-four (24) consecutive one-year renewals of the franchise, each such 



276 



Ord. No. 92 



renewal to be for a period of one year, upon the same terms and conditions as 
the original one year grant, except as otherwise provided herein. Each one 
year renewal period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being taken on 
behalf of either the Mayor and City Council of Baltimore or the Grantee, and 
the total period of time during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in the aggregate 
twenty-five years. Provided, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least one hundred and 
fifty (150) days prior to the expiration of the original one year term, granted 
herein, or any yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective after any increase or 
decrease in said franchise charge has occurred. Provided further, that either 
the Mayor and City Council of Baltimore, acting by and through the Director 
of Public Works, or the Grantee may terminate the franchise granted herein, 
by giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any one 
year renewal term herein granted and then in effect. 

SEC. 7. AND BE IT FURTHER ORDAINED, That noncompliance by 
the Grantee with any of the terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any time 
or times, the rights and privileges hereby granted when, in his judgment, the 
public interest, welfare, safety, or convenience requires such revocation and, 
upon written notice to that effect from the Mayor of Baltimore served upon 
the Grantee hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures for 
which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and the 



277 



Ord. No. 93 



Director of Public Works of Baltimore City, such removal to be made without 
any compensation to the Grantee, its successors and assigns, and to be 
completed within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims,, damages, or expenses to which the said Mayor and City 
Council of Baltimore shall from time to time be subjected on account of, or in 
any way resulting from: 

a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

* 

ORDINANCE NO. 93 

(Council Bill No. 272) 

AN ORDINANCE concerning 

FRANCHISE - A CONCRETE WALL PROJECTION AND BOLLARDS 
AT 801 COVINGTON STREET 

FOR the purpose of granting permission and authority to the American 
Visionary Art Museum to construct, use and maintain a concrete wall 
projection and bollards at 801 Covington Street. 



278 



Ord. No. 93 



BY authority of 

Article VHI - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority are hereby 
granted to the American Visionary Art Museum, its tenants, successors, and 
assigns, hereinafter referred to as the "Grantee" to construct, use, and 
maintain, at its own cost and expense, for a period not to exceed twenty-five 
(25) years, a concrete wall projection and eleven (11) removable bollards at 
801 Covington Street (also known as 840 Key Highway). 

The concrete wall projection shall be one foot wide, 23 feet high and 
extend approximately 5 feet out from the building. The eleven (11) removable 
bollards shall be 12 inches in circumference and 2 inches hieh. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. i 

SEC. 3. AND BE IT FURTHER ORDAINED, That the concrete wall 
projection and bollards shall be maintained in compliance with all applicable 
laws and regulations of Baltimore City. The maintenance of the concrete wall 
projection and the bollards shall be under the supervision of the Grantee and 
shall be at all times hereafter subject to the regulation and control of the 
Commissioner of the Department of Housing and Community Development 
and the Director of the Department of Public Works. 

SEC/ 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the concrete wall projection and bollards in good condition 
throughout the full term of this grant, so long as they exist at the location 
described herein. In the event the said concrete wall projection and bollards 
must be readjusted, relocated, protected, or supported to accommodate a 
public improvement, the Grantee shall pay all costs in connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, the 
sum of $605.00 for the initial fee and thereafter an annual fee of $550.00 per 
yeaf , payable in advance during the continuance of this franchise or privilege, 
or any renewal thereof; and subject to the increase or decrease of this charge 
as provided in Section 6 herein. 



279 



Ord. No. 93 



SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves that right and power, at 
all times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the Grantee 
to twenty-four (24) consecutive one-year renewals of the franchise, each such 
renewal to be for a period of one year, upon the same terms and conditions as 
the original one year grant, except as otherwise provided herein. Each one 
year renewal period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being taken on 
behalf of either the Mayor and City Council of Baltimore or the Grantee, and 
the total period of time during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in the aggregate 
twenty-five years. Provided, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least one hundred and 
fifty (150) days prior to the expiration of the original one year term, granted 
herein, or any yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective after any increase or 
decrease in said franchise charge has occurred. Provided further, that either 
the Mayor and City Council of Baltimore, acting by and through the Director 
of Public Works, or the Grantee may terminate the franchise granted herein, 
by giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any one 
year renewal term herein granted and then in effect. 

SEC. 7. AND BE IT FURTHER ORDAINED, That noncompliance by 
the Grantee with any of the terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any time 
or times, the rights and privileges hereby granted when, in his judgment, the 
public interest, welfare, safety, or convenience requires such revocation and, 
upon written notice to that effect from the Mayor of Baltimore served upon 



280 



Ord. No. 94 



the Grantee hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures for 
which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and the 
Director of Public Works of Baltimore City, such removal to be made without 
any compensation to the Grantee, its successors and assigns, and to be 
completed within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims, damages, or expenses to which the said Mayor and City 
Council of Baltimore shall from time to time be subjected on account of, or in 
any way resulting from: 

a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 94 
(Council Bill No. 273) 



281 



Ord. No. 94 



AN ORDINANCE concerning 

FRANCHISE - A BALCONY AND STAIRWAY AT 
801 COVINGTON STREET 

FOR the purpose of granting permission and authority to the American 
Visionary Art Museum to construct, use and maintain a balcony and 
stairway at 801 Covington Street. 

BY authority of 

Article VIE - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority are hereby 
granted to the American Visionary Art Museum, its tenants, successors, and 
assigns, hereinafter referred to as the "Grantee" to construct, use, and 
maintain, at its own cost and expense, for a period not to exceed twenty-five 
(25) years, a balcony and stairway at 801 Covington Street (also known as 
840 Key Highway). 

The balcony shall be approximately 25 feet wide, 24 feet high and 
extend approximately 4 feet out from the building. 

The concrete stairway shall be approximately 10 feet wide, 6 feet high 
and extend 4 feet out from the building. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the balcony and 
stairway shall be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the balcony and stairway 
shall be under the supervision of the Grantee and shall be at all times 
hereafter subject to the regulation and control of the Commissioner of the 
Department of Housing and Community Development and the Director of the 
Department of Public Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the balcony and stairway in good condition throughout the full 
term of this grant, so long as they exist at the location described herein. In 
the event the said balcony and stairway must be readjusted, relocated, 



282 



Ord. No. 94 



protected, or supported to accommodate a public improvement, the Grantee 
shall pay all costs in connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, the 
sum of $628.92 per year, payable in advance during the continuance of this 
franchise or privilege, or any renewal thereof; and subject to the increase or 
decrease of this charge as provided in Section 6 herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves that right and power, at 
all times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the Grantee 
to twenty-four (24) consecutive one-year renewals of the franchise, each such 
renewal to be for a period of one year, upon the same terms and conditions as 
the original one year grant, except as otherwise provided herein. Each one 
year renewal period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being taken on 
behalf of either the Mayor and City Council of Baltimore or the Grantee, and 
the total period of time during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in the aggregate 
twenty-five years. Provided, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least one hundred and 
fifty (150) days prior to the expiration of the original one year term, granted 
herein, or any yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective after any increase or 
decrease in said franchise charge has occurred. Provided further, that either 
the Mayor and City Council of Baltimore, acting by and through the Director 
of Public Works, or the Grantee may terminate the franchise granted herein, 
by giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any one 
year renewal term herein granted and then in effect. 

SEC. 7. AND BE IT FURTHER ORDAINED, That noncompliance by 
the Grantee with any of the terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 



283 



Ord. No. 94 



forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any time 
or times, the rights and privileges hereby granted when, in his judgment, the 
public interest, welfare, safety, or convenience requires such revocation and, 
upon written notice to that effect from the Mayor of Baltimore served upon 
the Grantee hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures for 
which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and the 
Director of Public Works of Baltimore City, such removal to be made without 
any compensation to the Grantee, its successors and assigns, and to be 
completed within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims, damages, or expenses to which the said Mayor and City 
Council of Baltimore shall from time to time be subjected on account of, or in 
any way resulting from: 

a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



284 






Ord. No. 95 



CITY OF BALTIMORE 

ORDINANCE NO. 95 

(Council Bill No. 274) 

AN ORDINANCE concerning 

FRANCHISE - ELEVATED SCULPTURE PEDESTALS AT 
801 COVINGTON STREET 

FOR the purpose of granting permission and authority to the American 
Visionary Art Museum to construct, use and maintain four elevated 
sculpture pedestals at 801 Covington Street. 

BY authority of 

Article VIE - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority are hereby 
granted to the American Visionary Art Museum, its tenants, successors, and 
assigns, hereinafter referred to as the "Grantee" to construct, use, and 
maintain, at its own cost and expense, for a period not to exceed twenty-five 
(25) years, four elevated sculpture pedestals on the building located at 801 
Covington Street (also known as 840 Key Highway). 

The pedestals, which are to be constructed of steel, shall be three feet 
wide, extend three feet from the building, and be approximately 16 feet above 
grade. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the four elevated 
sculptures shall be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the four elevated 
sculptures shall be under the supervision of the Grantee and shall be at all 
times hereafter subject to the regulation and control of the Commissioner of 
the Department of Housing and Community Development and the Director of 
the Department of Public Works. 



285 



Ord. No. 95 



SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the four elevated sculptures in good condition throughout the 
full term of this grant, so long as they exist at the location described herein. 
In the event the said four elevated sculptures must be readjusted, relocated, 
protected, or supported to accommodate a public improvement, the Grantee 
shall pay all costs in connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, the 
sum of $216.00 per year, payable in advance during the continuance of this 
franchise or privilege, or any renewal thereof; and subject to the increase or 
decrease of this charge as provided in Section 6 herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves that right and power, at 
all times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the Grantee 
to twenty-four (24) consecutive one-year renewals of the franchise, each such 
renewal to be for a period of one year, upon the same terms and conditions as 
the original one year grant, except as otherwise provided herein. Each one 
year renewal period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being taken on 
behalf of either the Mayor and City Council of Baltimore or the Grantee, and 
the total period of time during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in the aggregate 
twenty-five years. Provided, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least one hundred and 
fifty (150) days prior to the expiration of the original one year term, granted 
herein, or any yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective after any increase or 
decrease in said franchise charge has occurred. Provided further, that either 
the Mayor and City Council of Baltimore, acting by and through the Director 
of Public Works, or the Grantee may terminate the franchise granted herein, 
by giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any one 
year renewal term herein granted and then in effect. 



286 






Ord. No. 95 



SEC. 7. AND BE IT FURTHER ORDAINED, That noncompliance by 
the Grantee with any of the terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance T)f the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any time 
or times, the rights and privileges hereby granted when, in his judgment, the 
public interest, welfare, safety, or convenience requires such revocation and, 
upon written notice to that effect from the Mayor of Baltimore served upon 
the Grantee hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures for 
which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and the 
Director of Public Works of Baltimore City, such removal to be made without 
any compensation to the Grantee, its successors and assigns, and to be 
completed within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims, damages, or expenses to which the said Mayor and City 
Council of Baltimore shall from time to time be subjected on account of, or in 
any way resulting from: 

a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



287 



Ord. No. 96 



Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 96 

(Council Bill No. 280) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
MAYORALTY RELATED - MISCELLANEOUS GENERAL EXPENSES - 

$1,250,000 

FOR the purpose of providing a supplementary General Fund Operating 
appropriation in the amount of $1,250,000 to Mayoralty Related - 
Miscellaneous General Expenses (Program 122) for the removal and 
replacement of PCB transformers. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding from the 
Fiscal 1991 General Fund Reserve - PCB Transformer Project in excess of 
the amount from this source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the budget for the 
1992 fiscal year, and said money is therefore available for appropriation to 
Mayoralty Related - Miscellaneous General Expenses (Program 122) pursuant 
to the provisions of Article VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates, all in accordance with 
Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating appropriation 
has been recommended to the City Council by the Board of Estimates at a 
regular meeting of the Board held on the 10th day of June, 1992, all in 



288 






Ord. No. 97 



accordance with Article VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $1,250,000 shall be made available to the Mayoralty Related - 
Miscellaneous General Expenses (Program 122) as a supplementary General 
Fund Operating appropriation for the fiscal year ending June 30, 1992 to 
provide for the removal and replacement of PCB transformers which could 
not reasonably be anticipated at the time of formulation of the proposed Fiscal 
1992 Ordinance of Estimates. The amount thus made available as a 
supplementary General Fund Operating appropriation shall be provided from 
Fiscal 1991 General Fund Reserve - PCB Transformer Project in excess of 
the amount from this source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to balance the budget for the 
1992 fiscal year; and said funds from said Fiscal 1991 General Fund Reserve 
- PCB Transformer Project shall be the source of revenue for this 
supplementary General Fund Operating appropriation as required by Article 
VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 97 

(Council Bill No. 324) 

AN ORDINANCE concerning 

SUPPLEMENTARY PARKING FUND OPERATING APPROPRIATION 
DEPARTMENT OF TRANSPORTATION - $1,300,000 

FOR the purpose of providing a supplementary Parking Fund Operating 
appropriation in the amount of $1,300,000 to the Department of 
Transportation (Program 235) for additional operating expenses. 



289 



Ord. No. 97 



BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding from 
Revenue Tranfer-Parking Enterprise Fund in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in determing the 
tax levy required to balance the budget for the 1992 fiscal year, and said 
money is therefore available for appropriation to the Department of 
Transportation (Program 235) pursuant to the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as amended); 
and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating appropriation 
has been recommended to the City Council by the Board of Estimates at a 
regular meeting of the Board held on the 

22nd day of June, 1992, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore City, the sum 
of $1,300,&)0 shall be made available to the Department of Transportation 
(Program 235) as a supplementary Parking Fund Operating appropriation for 
the fiscal year ending June 30, 1992 to provide for additional operating 
expenses which could not reasonably be anticipated at the time of formulation 
of the proposed Fiscal 1992 Ordinance of Estimates. The amount thus made 
available as a supplementary Parking Fund Operating appropriation shall be 
provided from Revenue Transfer-Parking Enterprise Fund in excess of the 
amount from this source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the budget for the 
1992 fiscal year; and said funds from said Revenue Transfer-Parking 
Enterprise Fund shall be the source of revenue for this supplementary General 
Fund Operating appropriation as required by Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 



290 



Ord. No. 98 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 






CITY OF BALTIMORE 

ORDINANCE NO. 98 

(Council Bill No. 108) 

AN ORDINANCE concerning 

PARKING FINES - AMNESTY 

FOR the purpose of authorizing the Director of Finance to establish as a one- 
time trial amnesty program for certain penalties on parking and stopping 
fines. 

BY repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Subtitle - Parking and Stopping Fines, Penalties 

and Procedures 
Section 155 
Baltimore City Code (1983" Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Parking and Stopping Fines, Penalties and Procedures 

155. Powers of Director of Finance. 

(A) In addition to the powers granted to the Director of Finance in 
connection with the collection of the fines and penalties imposed by this 
section, he is hereby authorized and empowered: 



291 



Ord. No. 98 



(1) To make, adopt, and amend such rules and regulations as he 
may deem necessary or proper to fully collect the fines and penalties imposed 
by this section, and to define any terms used in connection with the collection 
of said fines and penalties; 

(2) To waive all fines, penalties, charges, and costs in instances 
where there has been a material error in the preparation of the citation; 

(3) To delegate any of his powers, duties, or functions in 
connection with the collection of the fines, penalties, charges, and costs 
imposed by this section and the enforcement of the provisions relating thereto 
to any other agent, representative, or employee of the Director or the City; 

(4) To refund the amount of any overpayment of any charge paid 
in error, within three (3) years from the date of payment; 

(5) To refund or waive collateral, towing charges, and storage 
costs at his discretion when these aforesaid charges have, in his opinion and 
in accordance with his regulations, been improperly assessed. 

(6) Any action taken pursuant to items 4 and 5 of this 
SUBSECTION [Section 268] shall be documented in a monthly report to be 
prepared by the Director of Finance and submitted to the City Auditor for 
review. 

(B) (1) NOTWITHSTANDING THE PROVISIONS OF 
SUBSECTION (A) OF THIS SECTION AND SUBJECT TO THE 
APPROVAL OF THE BOARD OF ESTIMATES, THE DIRECTOR OF 
FINANCE MAY OFFER AMNESTY FOR THE PAYMENT OF 
PENALTIES THAT HAVE ACCUMULATED ON A PARKING OR 
STOPPING FINE. 

<& THE AMNESTY PROVIDED FOR IN THI S S UBSECTION 

S HALL APPLY ONLY TO PENALTIE S WHICH HAVE 
ACCUMULATED ON FINES ISSUED ON A VEHICLE THAT HA S 
BEEN S OLD, TRADED, OR OTHERWISE DISPOSED OF BY THE 
OWNER, AND WHICH ARE NOT COLLECTIBLE UNDER THE 
PROVISION S OF SECTION 26 305 OF THE TRANSPORTATION 
ARTICLE OF THE ANNOTATED CODE OF MARYLAND* 

(2) THIS AMNESTY SHALL BE A ONE-TIME TRIAL 
PROGRAM. THE AUTHORITY FOR WHICH SHALL EXPIRE ON JUNE 
30. 1993. 



292 



Ord. No. 99 



(3) THE DIRECTOR OF FINANCE MAY ADOPT RULES 
AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS 
SUBSECTION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 99 

(Council BUI No. 112) 

AN ORDINANCE concerning 

ZONING CODE - INFORMATIONAL CONFERENCES WITH 
PLANNING DEPARTMENT 

FOR the purpose of authorizing a conference with the Planning Department 
prior to introduction of a City Council bill for any applicant so 
requesting. 

BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-4b 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 



293 



Ord. No. 100 



11.0-4 Planning Commission 

b. Jurisdiction. The Planning Commission shall have the following 
jurisdiction and authority: 

1. TO PROVIDE FOR INFORMATIONAL CONFERENCES 
WITH ANY APPLICANT SO REQUESTING PRIOR TO THE 
INTRODUCTION OF A CITY COUNCIL BILL RELATING 
TO A CONDITIONAL USE OR CHANGE IN ZONING 
DISTRICT; 

2.[1.] to receive all proposed amendments to this ordinance referred 
to it by the City Council and report its findings and 
recommendations; 

3. [2.] to receive from the office of the Zoning Administrator copies 
of all applications for conditional uses; to make an investigation 
relative thereto; to make a written report and recommendations 
thereon; and to forward such report and recommendations to the 
Board with a copy to the Zoning Administrator; and 

4. [3.] to review each recycling collection station annually and 
forward a written report of this review to the Board; and 

5. [4.] in furtherance of this authority, the Planning Commission shall 
forward to the Board and the Zoning Administrator copies of 
amendments to the Master Plan and all other data and 
information necessary for the proper administration and 
enforcement of this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 100 
(Council Bill No. 120) 



294 



Ord. No. 100 



AN ORDINANCE concerning 

ZONING - APPROVAL FOR A MEETING AND BANQUET, HALL 
AT THE FRONT PORTION OF 2014 HARFORD ROAD 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of a meeting and banquet hall at the front portion of the 
property located at 2014 Harford Road, as outlined in red on the plats 
accompanying this ordinanc e, subject to certain conditions . 

BY authority of 

Article 30 - Zoning 

Sections 6.2-ld-12, 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to Richard 
Calloway for the establishment, maintenance and operation of a meeting and 
banquet hall at the front portion of the property located at 2014 Harford 
Road, as outlined in red on the plats accompanying this ordinance, under the 
provisions of Sections 6.2-ld-12 and 11.0-6d of Article 30 of the Baltimore 
City Code (1983 Replacement Volume, as amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED. That this permission is 
granted subject to the following conditions: 

(a) Only the following uses are permitted in the hall: 

weddings, engagement parties, confirmations, wakes, name day 
celebrations, birthdays. Bar/Bat Mitzvahs. christenings, civic 
association receptions and charitable organization events: and 



295 



Ord. No. 101 



(b) Sale of tickets to the general public for these events is prohibited: 
and 

(c) The maximum capacity of the hall shall be no more than 160 
patrons. 

SEC. ^ 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 101 

(Council Bill No. 123) 

AN ORDINANCE concerning 

IMPOUNDING AREAS - CHARLES STREET 

FOR the purpose of adding areas on Charles Street to the list of 
impounding areas. 

BY adding 

Article 31 - Transit and Traffic 

Subtitle - Impounding Areas 

Section 103(7a) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 



296 



Ord. No. 102 



103. C Streets. 

(7 A) CHARLES STREET, WEST SIDE, FROM WYNDHURST 
AVENUE TO COLDSPRING LANE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 102 

(Council Bill No. 127) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRUG ABUSE REHABILITATION AND TREATMENT CENTER 

2027 - 2043 EAST MONUMENT STREET 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of a drug abuse rehabilitation and treatment center on a 
4,032 square foot leased portion of the property known as 2027 - 2043 
East Monument Street, as outlined in red on the plats accompanying this 
ordinance, subject to the condition of continuing certification by the State 
of Maryland Drug Abuse Administration and termination of the use upon 
relocation to permanent facilities in the 900 Block of North Broadway 
and certain other conditions . 

BY authority of 

Article 30 - Zoning 

Sections 6.2-ld6 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a drug abuse rehabilitation and 
treatment center for no more than 130 clients on 4,032 square feet of the 
property known as 2027 - 2043 East Monument Street, as outlined in red on 



297 



Ord. No. 103 



the plats accompanying this ordinance, under the provisions of Sections 
6.2-ld6 and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), entitled, "Zoning", subject to the 
conditions o f: (1) continuing certification by the State of Maryland Drug 
Abuse Administration; afid (2) that the operator of the facility shall provide 
security on the premises during all hours of operation to prohibit loitering bv 
the clients: (3) that an advisory committee shall be formed, the majority of 
members representing the Monument Street Merchants* Association, the 
balance representing the Middle East Association and the Jefferson Court 
Association, to meet with the operator as needed and (4) termination of the 
use upon relocation to permanent facilities located in the 900 Block of North 
Broadway. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 103 

(Council Bill No. 128) 

AN ORDINANCE concerning 

REZONING - 3603 GWYNNS FALLS PARKWAY 
AND LOT 6 OF BLOCK 2814 



298 



Ord. No. 104 



FOR the purpose of changing the zoning for the property known as 3603 
Gwynns Falls Parkwa y and Lot 6 of Block 2814 from the R-5 Zoning 
District to the R-6 Zoning District. 

BY amending 
Sheet No. 32 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 32 of the Zoning District 
Maps of Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by changing 
from the R-5 Zoning District to the R-6 Zoning District the property known 
as 3603 Gwynns Falls Parkwa y and Lot 6 of Block 2814 . as outlined in red 
on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC: 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 104 

(Council BUI No. 134) 



299 



Ord. No. 104 

AN ORDINANCE concerning 

DOORBELLS - MULTI-UNIT BUILDINGS 

FOR the purpose of requiring a doorbell or other audible signal for each 
dwelling unit in a multi-unit building; providing exceptions; and 
providing for applicability to existing buildings. 

BY adding 

Article 13 - Housing and Urban Renewal 

Subtitle - Housing Code 

Chapter 40 — Responsibilities of Owners 5 - Standards for 

Equipment and Facilities 
Section 1004 A 516 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 13 - HOUSING AND URBAN RENEWAL 

Housing Code 

Chapter 40 — Responsibilities of Owners 
5 - Standards for Equipment and Facilities 

4004A 516. DOORBELLS. 

WITH THE EXCEPTION OF BUILDINGS WHERE THE 
ENTRANCES ARE STAFFED WITH SECURITY PERSONNEL OR ARE 
S AFEGUARDED BY OTHER S ECURITY MEASURE S WHERE THERE 
IS UNOBSTRUCTED ACCESS TO THE ENTRANCE DOOR OF EACH 
UNIT . EACH DWELLING UNIT IN ANY BUILDING CONTAINING 2 
OR MORE DWELLING UNITS SHALL BE SUPPLIED WITH AN 
ELECTRIC DOORBELL OR OTHER AUDIBLE SIGNAL WHICH IS 
CONNECTED TO AN ACTIVATOR WHICH IS OUTSIDE OF THE 
BUILDING OR IN A COMPARABLY ACCESSIBLE LOCATION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the application of 
the provisions of this ordinance to existing buildings shall be as provided in 



300 



Ord. No. 105 



Section 103.0, Existing Structures, of the Baltimore City Building Code, 
1990, as amended. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 105 

(Council Bill No. 135) 

AN ORDINANCE concerning 

PARKING FINES 

FOR the purpose of providing parking fines for parking and parking meter 
violations on impounding streets during certain hours and increasing 
certain other parking fines . 

BY repealing and reordaining with amendments 
Article 3 1 - Transit and Traffic 
Subtitle - Parking and Stopping Fines, Penalties and 

Procedures 
Section 1520i) . I52(i). 152ffl. 152(1). 152(n) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Parking and Stopping Fines, Penalties and Procedures 



301 



Ord. No. 105 



152. Parking and Stopping Fines. 

Within the limits of the City of Baltimore the following parking and 
stopping fines are imposed in addition to the costs stipulated in the Annotated 
Code of Maryland: 

(h) (1) EXCEPT FOR A PARKING METER VIOLATION ON AN 
IMPOUNDING STREET PROVIDED FOR IN PARAGRAPHS (2) AND (3) 
OF THIS SUBSECTION, a parking [or parking meter] violation on an 
impounding street shall be a violation punishable by a fine of $30. 

(2) A PARKING METER VIOLATION ON AN IMPOUNDING 
STREET DURING THE HOURS THAT A VEHICLE MAY BE 
IMPOUNDED SHALL BE A VIOLATION PUNISHABLE BY A FINE OF 
$30. 

(3) A PARKING METER VIOLATION ON AN IMPOUNDING 
STREET DURING THE HOURS THAT PARKING AT THE METER IS 
PERMITTED SHALL BE PUNISHABLE BY THE A FINE OF *1S $1.8. 

(i) Stopping or parking in a transit stop other than on an impounding 
street shall be a violation punishable by a fine of [$15.001 $30.00. 

(\) Obstructing a garage or driveway shall be a violation punishable by a 
fine ofr$15.001 $18.00. 

(1) All other parking meter or parking violations shall be punishable by a 
fine of [$15.001 $18.00. 

(n) Standing within 15 feet of a fire hydrant shall be a violation 
punishable by a fine of [$15.001 $30.00. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of ito enactment August 1. 1992 . 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



302 






Ord. No. 106 

CITY OF BALTIMORE 

ORDINANCE NO. 106 

(Council Bill No. 136) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - HERKIMER STREET 

FOR the purpose of repealing Ordinance No. 982, approved June 26, 1987, 
which provided for reserved handicapped parking on the north side of 
Herkimer Street west of Ellamont Street for Robert L. Farley. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 982, approved June 26, 
1987, is hereby repealed and the authorization for reserved handicapped 
parking on the north side of Herkimer Street west of Ellamont Street for 
Robert L. Farley therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 






CITY OF BALTIMORE 

ORDINANCE NO. 107 

(Council Bill No. 138) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 3011 MARY AVENUE 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of an open off-street parking area on the properties known 
as 3011 Mary Avenue, as outlined in red on the plats accompanying this 
ordinance, subject to certain conditions. 



303 



Ord. No. 107 



BY adding 

Article 30 - Zoning 

Section(s) 4.4- Id and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking area 
on the properties known as 3011 Mary Avenue, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Section(s) 4.4- Id and 
1 1 .0-6d of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That approval for an 
open off-street parking area at 3011 Mary Avenue is granted subject to the 
following conditions: 

(a) That Operating Engineers Local 37 and its successors will not 
attempt to close and purchase the abutting portion of Richard 
Avenue; 

(b) That Operating Engineers Local 37 will not seek a change in 
the present R-4 zoning classification; and 

(c) That Operating Engineers Local 37 will be responsible for the 
planting of the type of shrubbery which will maximize the 
absorption of sound. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



304 



Ord. No. 108 



Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 108 

(Council Bill No. 148) 

AN ORDINANCE concerning 

CITY PROPERTY - GRANT OF EASEMENT 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
grant an easement for ingress and egress in that certain parcel of land 
known as part of the Liberty Reservoir property in Carroll County, 
Maryland. 

BY authority of 

Article V - Comptroller 

Section 5 (b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore City is 
hereby authorized to grant an easement to Robert J. Chaisson, Sr. and Ellen 
M. Chaisson for ingress and egress, in accordance with Article V, Section 
5(b) of the City Charter, in that parcel of land situate in Carroll County, 
Maryland, described on Exhibit A attached hereto and made a part hereof, 
subject to the following conditions: 

1. The plans and specifications for said right of way shall be approved 
in writing by the City before construction. 

2. The City and its employees or agents shall have access to the right- 
of-way easement area at all times when necessary for public purposes. 

3. Grantee shall maintain the right-of-way at its sole cost and expense. 

4. The City shall be protected, indemnified and saved harmless from all 
legal action, losses and damages resulting from injury to persons or damage 



305 



Ord. No. 108 



to property caused by the use of the easement by the Grantees, their 
successors, assigns and invitees. 

5. No structures shall be erected by the Grantee over the easement area 
except for road surfacing material approved in advance by the City. 

6. Any and all construction on or within the Property herein described 
which affects the City-owned Liberty Reservoir shall be in accordance with 
the requirements of the Baltimore City Department of Public Works and 
subject to inspection and approval thereof. 

7. Grantee also agrees that before any entry or acts that may affect the 
City's reservoir occur, the said Department of Public Works will be notified 
in writing. 

8. The terms, conditions and agreement of this Easement Agreement 
shall be considered covenants running with the land on Grantee's property. 

9. This easement shall be and is construed to be an easement 
appurtenant, benefitting the property owned by the Grantee and burdening the 
property owned by the City and described herein. The terms, conditions and 
agreement of this Easement Agreement shall bind the successors and assigns 
of both Grantor and Grantee. 

10. The easement shall be used exclusively to serve the two homes in 
Carroll Highlands nearest to Marriottsville Road 2. 

401 1. Failure by the Grantee to comply with any terms, conditions and 
agreement of this Easement Agreement will be considered a breach of the 
Agreement. In the event that the Grantee fails to cure any breach within ten 
(10) days after being so notified by the City, the City may at its sole 
discretion unilaterally declare this Agreement to be Null and Void by filing a 
Declaration to that effect among the Land Records of Baltimore Carroll 
County. 

4412. Grantee shall pay fair market value for said easement as 
determined by the City's Real Estate Officer. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no easement or 
easements shall be granted in accordance herewith, until the same shall have 
been first approved by the City Solicitor. 



306 



Ord. No. 109 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 109 

(Council Bill No. 161) 

AN ORDINANCE concerning 

RESIDENTIAL PERMIT PARKING PROGRAM - 
STADIUM COMPLEX AREA 

FOR the purpose of exempting eligible vehicle owners from the residential 
permit parking program fee in a residential permit parking area in the 
Camden Yards Stadium Complex are a. Areas A and B ; and providing for 
certain retroactive application. 

BY repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Subtitle - Residential Permit Parking Program 
Section 156(e) 
Baltimore City Code (1983 Replacement Volume, as amended) 

Whereas. The Residential Permit Parking Program was created to aid 
City residents in areas near a large public or private facility where 
automobiles connected with the facility monopolized on-street parking within 
a large area surrounding it: and 

Whereas. At this time in the late 1970*s. the Camden Yards area 
contained commercial and manufacturing uses and well-established residential 
sections all existing together without parking problems; and 

Whereas. Shortly after additional new homeowners, at the urging of the 
City, had settled into new and rehabilitated housing in the area, a new large 
baseball stadium was thrust into the area and parking within a reasonable 
distance from a resident's dwelling became impossible when the stadium was 
in use: and 



307 



Ord. No. 109 



Whereas. The City Council feels that the Camden Yards area. Areas A 
and B. are different from the other Residential Permit Parking areas in the 
City in that, in the case of the stadium, the nuisance or source of the 
congestion came to the area after the residents and was not in existence when 
the residents moved in. and therefore these particular residents should not be 
charged a fee to support the program; now, therefore. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Residential Permit Parking Program 

156. Residential Permit Parking Program. 

(e) Permits and fees. 

(1) A residential parking permit shall be issued upon payment of a 
reasonable annual fee which shall be charged for each eligible motor vehicle 
within a Residential Permit Parking Program area when a permit is requested 
by the vehicle owner. The permit fees collected shall cover the cost of the 
operation and administration of the program. The minimum fee shall be five 
dollars ($5) per year for each permit and may be adjusted by the 
Commissioner based on expenses for the operation of the program. The 
Commissioner may also adjust the fees to provide for additional hours of 
operation or the addition of non-weekday restrictions to the period of 
operation of the program. Permit fees shall not be refunded. The 
Commissioner may at his discretion make provisions for the issuance of 
temporary parking permits to bona fide visitors of residents of a designated 
Residential Permit Parking Program area. 

(2) THE REQUIREMENT FOR THE PAYMENT OF »» FEES 
PROVIDED FOR IN PARAGRAPH (1) SHALL NOT APPLY TO ANY 
ELIGIBLE VEHICLE OWNER RESIDENT IN A RESIDENTIAL PERMIT 
PARKING PROGRAM IN THE CAMDEN YARDS STADIUM COMPLEX 
AREA, AREAS A AND B. AS AUTHORIZED UNDER THE 
PROVISIONS OF SUBSECTION (L). 

SEC. 2. AND BE IT FURTHER ORDAINED, That notwithstanding 
any other provision of law, the provisions of this Ordinance shall apply 
retroactively as of July 1, 1991, and all Residential Permit Parking fees paid 



308 






Ord. No. 110 



by any eligible vehicle owner in the Camden Yards Stadium Complex 
Residential Permit Parking area, as authorized under the provisions of Section 
1560) of Article 31 - Transit and Traffic of the 1983 Replacement Volume of 
the Baltimore City Code, shall be returned and paid over by the Director of 
Finance to said eligible vehicle owner. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 110 

(Council Bill No. 162) 

AN ORDINANCE concerning 

IMPOUNDING AREA - SHARP STREET 

FOR the purpose of designating both sides of Sharp Street between Saratoga 
Street and Clay Street as an impounding area. 

By adding 

Article 31 - Transit and Traffic 
Section 119 (2c) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 



309 



Ord. No. Ill 

119. S Streets. 

(2C) SHARP STREET, BOTH SIDES, FROM SARATOGA STREET 
TO CLAY STREET. 

Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 



Approved July 2, 1992 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. Ill 



(Council Bill No. 163) 
AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE PARKING LOT 
IN THE PARKING LOT DISTRICT - 300 E. PRATT STREET 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of an open off-street parking area on the property known 
as 300 E. Pratt Street, as outlined in red on the plat accompanying this 
ordinance, subject to the conditions that the permission is limited in time 
and that the landscaping plan must be approved by the Planning 
Commission . 

BY authority of 

Article 30 - Zoning 

Section(s) 9.0-3d and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking area 
on the property known as 300 E. Pratt Street, as outlined in red on the plat 
accompanying this ordinance, under the provisions of Section(s) 9.0-3d and 
11.0-6d of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended), title "Zoning", subject to the conditions that the permission 
granted herein shall expire two (2) years after the date of enactment of this 
ordinance, unless extended by an ordinance of the Mayor and City Council 
for an additional period or periods in the aggregate not to exceed two (2) 



310 



Ord. No. 112 



years and that the landscaping plan must be approved by the Planning 
Commission . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 112 

(Council Bill No. 165) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR A DINNER THEATRE, MEETING AND 
BANQUET HALL AT 511^517 S. CONKLING STREET 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of a dinner theatre, meeting and banquet hall at 511 -517 S. 
Conkling Street, as outlined in red on the plats accompanying this 
ordinance, subject to certain conditions. 

BY authority of 

Article 30 - Zoning 

Sections 6.2-ld-12, 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



311 



Ord. No. 112 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to George 
Gyftopoulos for the establishment, maintenance and operation of a dinner 
theatre, meeting and banquet hall at 511 -517 S. Conkling Street, as outlined 
in red on the plats accompanying this ordinance, under the provisions of 
Sections 6.2-1(1-12 and 11.0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) titled "Zoning" 

SEC. 2. AND BE IT FURTHER ORDAINED, That permission for a 
meeting and banquet hall at 511 -517 S. Conkling Street is granted subject to 
the following conditions: 

(a) That the owner and/or operator of the hall shall not permit the 
hall to be used for the following activities: night club, rock concerts, carry- 
out liquor sales, nude dancing, pool, billiard parlor and any X-rated films or 
activities; 

(b) That the following activities are permitted at the hall: weddings, 
christenings, anniversary parties, graduation parties, confirmations, 
engagement parties, bar mitzvahs, retirement parties, bull and oyster roasts, 
political fund raisers, social and charitable events, church-sponsored events, 
restaurant and banquet activities, plays, films, but not X-rated; 

(c) That the hall shall close promptly at 1:30 a.m. each day; 

(d) That the owner and/or operator of the hall shall: 

(i) install and maintain adequate exterior 

lighting on the side of the property and in the alley behind 
it; 

(ii) provide handicapped access to the building; and 

(iii) maintain the adjacent outside areas free of 
trash and litter; and 

Civ) limit the capacity of the hall to that established by the Fire 
Department. 

(e) That job applications for employment by the hall shall be 
distributed through Sacred Heart of Jesus Parish Council, Highlandtown 
Improvement Association, and Canton/High land town Community Association. 



312 



Ord. No. 113 



SEC. 3. AND BE IT FURTHER ORDAINED, That the provisions of 
this Ordinance shall be subject to review by the City Council, upon the 
request of its sponsors, one year from the date of its enactment. 

SEC. 4. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 113 

(Council Bill No. 174) 

AN ORDINANCE concerning 

CITY LANDFILLS - PRESERVATION - COMPOST ABLE YARD WASTE 

FOR the purpose of prohibiting the disposal of compostable yard waste at the 
Quarantine landfill after a certain date; and providing for a recycling 
program for composting at facilities operated by the City, individuals, 
and corporations. 

BY adding 

Article 23 - Sanitation 

Section 31, to be under the new subtitle "City Landfills" 

Baltimore City Code (1983 Replacement Volume, as amended) 



313 



Ord. No. 113 



PREAMBLE 

WHEREAS, Baltimore City purchased the 143 acres now known as 
Quarantine Landfill in November 1984, for $9 million, from W.R. Grace 
Company; and 

WHEREAS, Original landfill life expectancy of 20 years was anticipated, 
based on an estimated 850 tons per day of solid waste and ash disposal; and 

WHEREAS, Baltimore City planned to construct 6 cells to accommodate 
this projected flow, leaving an 18 acre center core undeveloped, for future 
use as an industrial site after landfill capacity and capping; and 

WHEREAS, Daily flow immediately exceeded projections, from the day 
of Quarantine's opening, in August 1985; and 

WHEREAS, Average flow to Quarantine averaged 2,000 tons per day, 
from start-up until the present, equally divided between ash, from Pulaski and 
BRESCO, and unprocessed solid waste, including auto fluff and construction 
debris; and 

WHEREAS, 17.8% of fill is yard waste; and 

WHEREAS, Options for yard waste disposal include composting, 
incineration, recycling, and landfilling; and 

WHEREAS, At the current rate of use, the Quarantine Landfill is 
expected to be filled by the year 2001, and the City's landfill options in the 
region will be severely limited if not nonexistent thereafter; and 

WHEREAS, The City Council finds it necessary and in the public's best 
interests to restrict, regulate or otherwise provide flow control with respect to 
the City's landfills now in order to avoid a critical public health emergency in 
the future; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 



314 



Ord. No. 113 



ARTICLE 23 - SANITATION 
CITY LANDFILLS 



31. 



(A) AFTER S EPTEMBER 30, 1992 March 1. 1993 . COMPOSTABLE 
YARD WASTE SHALL NOT BE DISPOSED OF AT THE QUARANTINE 
LANDFILL. YARD WASTE INCLUDES GRASS, LEAVES, TREE 
LIMBS, WOOD, AND OTHER NATURAL BY-PRODUCTS OF LAND 
MAINTENANCE OPERATION. 

(B) THE DIRECTOR OF PUBLIC WORKS SHALL PREPARE A 
COMPREHENSIVE RECYCLING PLAN FOR COMPOSTING AT 
FACILITIES OPERATED BY THE CITY, INDIVIDUALS, AND 
CORPORATIONS. THE PLAN SHALL INCLUDE: 

(1) PROVISIONS FOR A CITY COMPOSTING FACILITY; 

(2) STANDARDS FOR THE OPERATION OF PRIVATE 
INDIVIDUAL AND CORPORATE COMPOSTING FACILITIES; 

(3) ECONOMICALLY FEASIBLE DISPOSITION OF MATERIAL 
AFTER THE COMPOSTING PROCESS^ AND 

(4) (3)_ANY OTHER PROVISIONS RELATING TO THE 
PROCESS OF PROVIDING FOR A COMPREHENSIVE COMPOSTING 
PLAN FOR THE CITY OF BALTIMORE. 

(Q THE DIRECTOR OF PUBLIC WORKS IS AUTHORIZED TO 
ADOPT RULES AND REGULATIONS TO ENFORCE PROVISIONS OF 
THIS ORDINANCE. 

(D) THE DIRECTOR OF PUBLIC WORKS SHALL RECOMMEND 
TO THE CITY COUNCIL PENALTIES FOR THE VIOLATIONS OF THE 
PROVISIONS OF THIS SUBTITLE ON OR BEFORE 3 MONTHS AFTER 
THE DATE OF PASSAGE OF THIS ORDINANCE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its onaotmont January 1. 1993 . 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



315 



Ord. No. 114 

CITY OF BALTIMORE 

ORDINANCE NO. 114 

(Council Bill No. 176) 

AN ORDINANCE concerning 

RESIDENTIAL PERMIT PARKING PROGRAM - COST 

FOR the purpose of amending the provisions relating to covering the cost of 
the program. 

BY repealing and reordaining with amendments 
Article 3 1 - Transit and Traffic 
Subtitle - Residential Permit Parking Program 
Section 156(e) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Residential Permit Parking Program 

(e) Permits and fees. 

A residential parking permit shall be issued upon payment of a 
reasonable annual fee which shall be charged for each eligible motor vehicle 
within a residential permit parking program area when a permit is requested 
by the vehicle owner. The permit fees AND/OR FINES oollootod shall oovor 
the ooot of the operation and administration of the program* The minimum fee 
shall be five dollars ($5) per year for each permit and may be adjusted by the 
Commissioner booed on oxponooo for the operation of the program . The 
Commissioner may also adjust the fees to provide for additional hours of 
operation or the addition of non-weekday restrictions to the period of 
operation of the program. Permit fees shall not be refunded. The 
Commissioner may at his discretion make provisions for the issuance of 
temporary parking permits to bona fide visitors of residents of a designated 
residential permit parking program area. 



316 



Ord. No. 115 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 115 

(Council Bill No. 179) 

AN ORDINANCE concerning 

RESIDENTIAL PERMIT PARKING PROGRAM - PARKING STUDIES 

FOR the purpose of requiring that the parking studies be made by the 

Department of Transportation rather than the Department of Planning. 

BY repealing and reordaining with amendments 
Article 3 1 - Transit and Traffic 
Subtitle - Residential Permit Parking Program 
Section 156(c)(2) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Residential Permit Parking Program 

156. Residential Permit Parking Program. 

(c) Procedure for designating Residential Permit Parking Areas. 

(2) Parking study. Upon receipt of a valid petition, the 
Commissioner shall [request the Department of Planning to] conduct a 
parking study within, but not limited to, the area identified in the petition. 
Additional areas may be included in the survey to cover adjacent areas of 



317 



Ord. No. 116 



parking congestion and the "influence areas" of known parking congestion 
generators. 

A Residential Permit Parking Program will be considered further if the 
results of the study demonstrate that both of the following criteria are 
satisfied: 

a. At least 80% of the curb parking spaces in an adjacent ten (10) 
block area or area containing not less than one hundred (100) curb parking 
spaces were utilized during peak periods. The area identified need not 
coincide with the boundaries of the area identified in the petition if the study 
area was expanded to include known parking congestion nearby. 

b. At least 25% of the curb parking spaces in the area identified in 
a. above were utilized by non-resident parkers who were parked for two (2) 
or more hours. 

[The Department of Planning shall transmit a formal report on the results 
of the parking study to the Commissioner.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 116 

(Council Bill No. 182) 

AN ORDINANCE concerning 

ZONING - AMENDING A COMMUNITY 
CORRECTION CENTER ORDINANCE 

For the purpose of amending Ordinance No. 157, approved July 6, 1988, by 
increasing the number of beds permitted at the center at 1101 E. Fayette 
Street. 



318 






Ord. No. 117 



BY authority 

Article 30 - Zoning 

Sections - 6.3-ld-6 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section 1, of Ordinance 157, approved 
July 6, 1988, is hereby amended to read as follows: 

"SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to 
Volunteers of America for the establishment, maintenance and operation of a 
Community Correction Center, with a maximum capacity of [70] 95 beds, on 
the property known as 1101 E. Fayette, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Section(s) 6.3-ld-6 and 
11.0-6d of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended), title 'Zoning*. " 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, and after the President of the City Council 
has signed the ordinance and the Mayor has approved the ordinance, the 
Director of Finance shall then transmit a copy of the ordinance to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore City 
and Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 117 
(Council Bill No. 196) 
AN ORDINANCE concerning 



319 



Ord. No. 117 



ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 

FOR THE ELDERLY - 106-116 N. PACA STREET 

AND 117 AND 119 DIAMOND ALLEY 

FOR the purpose of granting permission to Associated Catholic Charities for 
the establishment, maintenance and operation of housing for the elderly^ 
for no more than 34 units, on the properties known as 106-116 N. Paca 
Street and 117 and 119 Diamond Alley, as outlined in red on the plats 
accompanying this ordinance. 

BY adding 

Article 30 - Zoning 

Sections 6.4-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to 
Associated Catholic Charities for the establishment, maintenance and 
operation of housing for the elderl y, for no more than 34 units, on the 
properties known as 106-116 N. Paca Street and 117 and 119 Diamond Alley, 
as outlined in red on the plats accompanying this ordinance, under the 
provisions of Sections 6.4-ld-5 and 11.0-6d of Article 30 of the Baltimore 
City Code (1983 Replacement Volume, as amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: The Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



320 






Ord. No. 118 



CITY OF BALTIMORE 

ORDINANCE NO. 118 

(Council Bill No. 197) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 342 BLOOM STREET 

FOR the purpose of granting permission to Madison Avenue Presbyterian 
Church Development Corporation for the establishment, maintenance and 
operation of housing for the elderl y, for no more than 48 units, on the 
property known as 342 Bloom Street, as outlined in red on the plats 
accompanying this ordinance. 

BY authority of 
Article 30 - Zoning 
Sections 4.9-ld-5 and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to Madison 
Avenue Presbyterian Church Development Corporation for the establishment, 
maintenance and operation of housing for the elderl y, for no more than 48 
units, on the property known as 342 Bloom Street, as outlined in red on the 
plats accompanying this ordinance, under the provisions of Sections 4.9-ld-5 
and 11.0-6d of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: The Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 



321 



Ord. No. 119 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 119 

(Council Bill No. 205) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CASTLE STREET 

FOR the purpose of repealing Ordinance No. 602, approved May 10, 1974, 
which provided for reserved handicapped parking on the east side of 
Castle Street north of Jefferson Street for Walter Slugg, Jr. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 602, approved May 10, 
1974, is hereby repealed and the authorization for reserved handicapped 
parking on the east side of Castle Street north of Jefferson Street for Walter 
Slugg, Jr. therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 120 
(Council Bill No. 207) 
AN ORDINANCE concerning 



322 



Ord. No. 120 



FRANCHISE - FREESTANDING SIGN AND UNDERGROUND 
CONDUIT AT 10-12 E. 33RD STREET 

FOR the purpose of granting permission and authority to The Johns Hopkins 
University to construct, use and maintain a freestanding sign and 
underground conduit at 10-12 E. 33rd Street. 

By authority of 

Article VIII - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority are hereby 
granted to The Johns Hopkins University, its tenants, successors, and assigns, 
hereinafter referred to as the "Grantee" to construct, use, and maintain, at its 
own cost and expense, for a period not to exceed twenty-five (25) years, a 
freestanding sign and underground conduit at 10-12 E. 33rd Street. 

The sign shall be a rectangular sign constructed of metal. The sign will 
be 4 feet wide and 8 feet high. 

The underground conduit begins at the Southeast corner of East 33rd 
Street and runs on a diagonal for 6 feet. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the sign and 
conduit shall be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the sign and conduit shall 
be under the supervision of the Grantee and shall be at all times hereafter 
subject to the regulation and control of the Commissioner of the Department 
of Housing and Community Development and the Director of the Department 
of Public Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the sign and conduit in good condition throughout the full term 
of this grant, so long as they exist at the location described herein. In the 
event the said sign or conduit must be readjusted, relocated, protected, or 
supported to accommodate a public improvement, the Grantee shall pay all 
costs in connection therewith. 



323 



Ord. No. 120 



SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, the 
sum of $219.25 per year, payable in advance during the continuance of this 
franchise or privilege, or any renewal thereof; and subject to the increase or 
decrease of this charge as provided in Section 6 herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves that right and power, at 
all times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the Grantee 
to twenty-four (24) consecutive one-year renewals of the franchise, each such 
renewal to be for a period of one year, upon the same terms and conditions as 
the original one year grant, except as otherwise provided herein. Each one 
year renewal period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being taken on 
behalf of either the Mayor and City Council of Baltimore or the Grantee, by 
the total period of time during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in the aggregate 
twenty-five years. Provided, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least one hundred and 
fifty (150) days prior to the expiration of the original one year term, granted 
herein, or any yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective after any increase or 
decrease in said franchise charge has occurred. Provided further, that either 
the Mayor and City Council of Baltimore, acting by and through the Director 
of Public Works, or the Grantee may terminate the franchise granted herein, 
by giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any one 
year renewal term herein granted and then in effect. 

SEC. 7. AND BE IT FURTHER ORDAINED, That noncompliance by 
the Grantee with any of the terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 



324 



Ord. No. 120 



SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any time 
or times, the rights and privileges hereby granted when, in his judgment, the 
public interest, welfare, safety, or convenience requires such revocation and, 
upon written notice to that effect from the Mayor of baltimore served upon 
the Grantee hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures for 
which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and the 
Director of Public Works of Baltimore City, such removal to be made without 
any compensation to the Grantee, its successors and assigns, and to be 
completed within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims, damages, or expenses to which the said Mayor and City 
Council of Baltimore shall from time to time be subjected on account of, or in 
any way resulting from: 



a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



325 



Ord. No. 121 

ORDINANCE NO. 121 

(Council Bill No. 208) 

AN ORDINANCE concerning 

DEPARTMENT OF PUBLIC WORKS 
AND DEPARTMENT OF TRANSPORTATION 

FOR the purpose of transferring to the Department of Public Works all of the 
duties, functions, and powers of the Department of Transportation and 
constituting the Department of Transportation as a bureau in the 
Department of Public Works. 

RECITALS 

WHEREAS, Article VII, Section 129 of the Charter of Baltimore City 
(1964 Revision, as amended), provides that the Commissioner of 
Transportation shall have such powers and duties as may be appointed to him 
by ordinance; and 

WHEREAS, In recent years a number of ordinances have been adopted 
transferring the powers and duties between the Department of Public Works 
and the Department of Transportation; and 



WHEREAS, After a comprehensive and detailed review of the respective 
duties of the Department of Transportation and the Department of Public 
Works by the Organizational Review Team appointed by the Mayor, it has 
been recommended that for the sake of governmental economy and efficiency 
all of the duties and functions now performed by the Department of 
Transportation be transferred to the Department of Public Works and the 
former department become a bureau in the latter; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That effective October 1, 1992, all of the 
powers, duties and functions now performed by the Department of 
Transportation are hereby transferred to the Department of Public Works, and 
the Department of Transportation shall henceforth become a bureau in the 
Department of Public Works. The head of such bureau shall be appointed in 
the same manner as other bureau heads in the Department of Public Works. 



326 



Ord. No. 122 



SEC. 2. AND BE IT FURTHER ORDAINED, That the books, records, 
property and funds of the transferred programs of the Department of 
Transportation are hereby vested in the Department of Public Works. 

SEC. 3. AND BE IT FURTHER ORDAINED, That all applications, 
hearings and other proceedings of whatever nature pending before the 
Department of Transportation shall be completed by the Department of Public 
Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That all ordinances 
affecting, and all orders, rules and regulations heretofore made by the 
Department of Transportation shall remain in full force and effect until 
revoked or modified by ordinance or by appropriate action of the Department 
of Public Works. References in such ordinances, orders, rules and 
regulations to the Department of Transportation shall be deemed applicable to 
the Department of Public Works. 

SEC. 5. AND BE IT FURTHER ORDAINED, That all contracts, leases 
and obligations relating to the subject matter of this ordinance to which the 
City is a party shall remain in full force and effect according to their terms 
and shall be performed by or for the Department of Public Works. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 122 

(Council Bill No. 209) 

AN ORDINANCE concerning 

PARKING FOR UNLAWFUL DUMPING 

FOR the purpose of prohibiting parking, stopping, or standing of vehicles for 
the purpose of unlawfully dumping on public or private property in 
Baltimore City; providing for a fine; and clarifying certain language. 



327 



Ord. No. 122 



BY repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Subtitle - Definitions 
Section 28(21) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 31 - Transit and Traffic 

Section 151 A, to be under the new subtitle "Parking, Stopping, or 

Standing for Unlawful Dumping" 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 31 - Transit and Traffic 

Subtitle - Parking and Stopping Fines, Penalties and 

Procedures 
Section 152(t) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Definitions 



28. Definitions listed. 

(21) Park, parking. The terms "park" and "parking," when prohibited or 
regulated as to vehicles, mean the standing of a vehicle, whether or not 
occupied, but do not include the standing of a commercial vehicle while 
actually engaged in LAWFUL, expeditious loading or unloading. 

PARKING, STOPPING OR STANDING FOR UNLAWFUL DUMPING 

151 A. PARKING, STOPPING, OR STANDING FOR UNLAWFUL 
DUMPING. 

A PERSON SHALL NOT PARK, STOP, OR STAND ANY VEHICLE 
ON THE HIGHWAYS AND ALLEYS OF BALTIMORE CITY FOR THE 



328 



Ord. No. 123 



PURPOSE OF UTTERING OR DUMPING IN VIOLATION OF ARTICLE 
11 -HEALTH. 

Parking and Stopping Fines, Penalties and Procedures 

152. Parking and stopping fines. 

Within the limits of the City of Baltimore the following parking and 
stopping fines are imposed in addition to the costs stipulated in the Annotated 
Code of Maryland. 

(T) PARKING, STOPPING, OR STANDING, IN VIOLATION OF 
LITTERING OR DUMPING LAWS PROHIBITED IN SECTION 151 A, 
SHALL BE A VIOLATION PUNISHABLE BY A FINE OF $100. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of ito onaotmont. AUGUST 1. 
1992. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 123 

(Council Bill No. 210) 

AN ORDINANCE concerning 

PARKING - DISPLAY OF SOLID WASTE PERMIT 

FOR the purpose of prohibiting parking, stopping, or standing of vehicles in 
violation of the law requiring the display of a solid waste permit; 
providing for a fine; and clarifying certain language. 

BY adding 

Article 31 - Transit and Traffic 

Section 151 A, to be under the new subtitle "Parking, Stopping, or 

Standing without Solid Waste Permit Displayed" 
Baltimore City Code (1983 Replacement Volume, as amended) 



329 



Ord. No. 123 



BY adding 

Article 31 - Transit and Traffic 

Subtitle - Parking and Stopping Fines, Penalties and 

Procedures 
Section 152(t) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

PARKING, STOPPING OR STANDING 
WITHOUT SOLID WASTE PERMIT DISPLAYED 

151A. PARKING, STOPPING, OR STANDING WITHOUT SOLID 
WASTE PERMIT DISPLAYED. 

A PERSON WHO IS ISSUED A SOLID WASTE PERMIT FOR A 
VEHICLE UNDER THE PROVISIONS OF THE SOLID WASTE 
COLLECTION SUBTITLE OF ARTICLE 11 - HEALTH OF THE 
BALTIMORE CITY CODE SHALL NOT PARK, STOP, OR STAND THE 
VEHICLE ON THE HIGHWAYS AND ALLEYS OF BALTIMORE CITY 
IN VIOLATION OF THE PROVISIONS OF SECTION 269(H) OF 
ARTICLE 11 - HEALTH OF THE BALTIMORE CITY CODE WHICH 
REQUIRES A SOLID WASTE PERMIT HOLDER TO DISPLAY THEIR 
PERMIT IN THEIR VEHICLE AT ALL TIMES. 

Parking and Stopping Fines, Penalties and Procedures 

152. Parking and stopping fines. 

Within the limits of the City of Baltimore the following parking and 
stopping fines are imposed in addition to the costs stipulated in the Annotated 
Code of Maryland. 

(T) PARKING, STOPPING, OR STANDING, IN VIOLATION OF 
SECTION 151A OF THIS ARTICLE, WHICH REQUIRES A SOLID 
WASTE PERMIT HOLDER TO DISPLAY THE PERMIT AT ALL TIMES, 
SHALL BE A VIOLATION PUNISHABLE BY A FINE OF $100. 



330 






Ord. No. 124 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after tho date of ito enootment August 1. 
1992. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 124 

(Council Bill No. 212) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 1409-1419 W. PRATT STREET 

FOR the purpose of granting permission for the establishment, maintenance 
and operation of an open off-street parking area on the properties known 
as 1409-1419 W. Pratt Street, as outlined in red on the plats 
accompanying this ordinance, subject to certain conditions. 

BY authority of 

Article 30 - Zoning 

Section(s) 4.8-ld-3 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking area 
on the properties known as 1409-1414 W. Pratt Street as outlined in red on 
the plats accompanying this ordinance, under the provisions of Section(s) 4.8- 
ld-3 and 11.0-6d of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 



331 



Ord. No. 125 



the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day alter the date of its enactment. 



Approved July 2, 1992 



KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 125 

(Council Bill No. 237) 

AN ORDINANCE concerning 

RESIDENTIAL PERMIT PARKING PROGRAM - 
BUSINESSES IN STADIUM AREA 

FOR the purpose of requiring permits be provided to the businesses in 
Stadium Event Restricted Parking Program- Area A a*d a Area B. and 
Area 5 to the same extent they are provided to the residents. 

BY adding 

Article 31 - Transit and Traffic 

Subtitle - Residential Permit Parking Program 

Section 156(1)(6) 

Baltimore City Code (1983 Replacement Volume, as amended) 

Whereas. The Residential Permit Parking Program was created to aid 
City residents in areas near a large public or private facility where 
automobiles connected with the facility monopolized on-street parking within 
a large area surrounding it: and 



332 



Ord. No. 125 



Whereas. At this time the Camden Yards area was a commercial and 
manufacturing area which had no parking problems and into which residents 
had come at the urging of the City to rehabilitate and develop housing; and 

Whereas. Shortly after the new homeowners had settled into the area, a 
new large baseball stadium was thrust into the area and parking within a 
reasonable distance from a resident's dwelling became impossible when the 
stadium was in use: and 

Whereas. The City Council feels that the Camden Yards area. Area At 
and Area B. and Area 5 are different from the other Residential Permit 
Parking areas in the City in that, in the case of the stadium, the nuisance or 
source of the congestion came to the area after the residents and was not in 
existence when the residents moved in. and therefore these particular residents 
should not be charged a fee to support the program: now, therefore. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Residential Permit Parking Program 

156. 

G) Camden Yards Stadium Complex area. 

(6) THE RESIDENTIAL PERMIT PARKING PROGRAM FOR 
STADIUM EVENT RESTRICTED PARKING PROGRAM - AREA A 
(SOUTH BALTIMORE) AND X AREA B (WASHINGTON VILLAGE),. 
AND AREA 5 (RIDGELY'S DELIGHT) SHALL PROVIDE PERMITS FOR 
THE BUSINESSES LOCATED WITHIN AREA A AN^ AREA B . AND 
AREA 5 TO THE SAME EXTENT THEY ARE PROVIDED TO THE 
RESIDENTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



333 



Ord. No. 126 

CITY OF BALTIMORE 

ORDINANCE NO. 126 

(Council Bill No. 248) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY 

FOR the purpose of naming the baseball diamond in Riverside Park that 
borders on Johnson Street the Hap Hall Memorial Field. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the baseball diamond in Riverside Park 
that borders on Johnson Street be and it is hereby named the Hap Hall 
Memorial Field. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 127 

(Council Bill No. 262) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 117 

FOR the purpose of consenting to and approving a Petition for the 

Extension of the Metropolitan District of Baltimore County to a tract of 
land consisting of 24.55 acres in the Second Election District of 
Baltimore County located in the vicinity of McDonogh Manor, District 
2C2 (Larry's Enterprises Ltd. and Clagett Property) and in accordance 
with the provisions of Chapter 539 of the Acts of the General Assembly 
of Maryland of 1924, as amended by Chapter 515 of the Acts of 1955. 



334 



Ord. No. 128 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Petition for the extension of the 
Metropolitan District of Baltimore County to a tract of land in the Second 
Election District of Baltimore County located in the vicinity of McDonogh 
Manor, District 2C2 (Larry's Enterprises Ltd. and Clagett Property), more 
particularly shown on a plat filed in the Department of Public Works of 
Baltimore County numbered Extension 1 17, is in accordance with the 
authority granted by Chapter 539 of the Acts of the General Assembly of 
Maryland of 1924, and amended by Chapter 515 of the Acts of 1955 hereby 
consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 128 

(Council Bill No. 54) 

AN ORDINANCE concerning 

A MORATORIUM ON THE CONSTRUCTION 
OF INCINERATORS 

FOR the purpose of imposing a 5-year moratorium on the construction, 
reconstructio n, alteration (other than pollution control measures), 
replacement and expansion of incinerators within Baltimore City T ; 
providing for certification by the Director of Public Works regarding the 
necessity for certain construction, reconstruction, replacement or 
expansion, and City Council approval thereof and defining certain terms : 
providing for an extension of the moratorium under certain conditions, 
and providing penalties. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council finds that: 



335 



Ord. No. 128 



The incineration of solid waste produces toxic substances and contributes 
to air, water and ground pollution, endangering the health and well-being of 
residents in the area of such facilities. 

Large scale incineration of solid waste delays and undermines the 
implementation of environmentally sound alternatives to burning, such as 
source reduction, recycling and composting. 

A significant amount of recyclable and compostable material that could 
be removed from the solid waste stream is needlessly burned each year in 
Baltimore City. 

To achieve the State's mandated recycling goals and the City's 
commitment to the disposal of solid waste through environmentally sound 
alternatives, such as reduction, recycling, and composting, and to benefit the 
health and welfare of the residents of the City, the City must temporarily ban 
the construction, reconstructio n* alteration (other than pollution control 
measures), replacement and expansion of incinerators within the City's limits. 

A limited ban on the construction or alteration expansion of incinerators 
will allow the City time to develop and implement safe, economical, and 
environmentally sound alternatives to the incineration of solid waste, all to the 
benefit of the health, welfare and economic well-being of the residents of the 
City of Baltimore. 

SEC. 2. AND BE IT FURTHER ORDAINED, That as used in this 
ordinance, the following definitions apply: 

a. "Incinerator" means a solid waste burning facility and includes: 1) a 
plant that burns solid waste, such as mass-burn, resource recovery and waste- 
to-energy facilities; and 2) a plant that burns any fuel product derived in 
whole or in part from solid waste. The term incinerator does not include any 
boiler, process heater, vent gas burner system, flare, after burner, or vapor 
incinerator owned and operated by a business for the disposal of the 
businesses by product which is generated on site by that business. 

b. "Recyclable material" means material which would otherwise become 
solid waste, and which may be collected, separated, processed and returned to 
the economy in the form of raw materials or products. 

c. "Solid waste" means garbage, refuse, and other waste products, 
including solid, liquid, semisolid, or contained gaseous material generated by 
industry, agriculture, commercial businesses, government and residences, but 



336 



Ord. No. 128 

does not include solid or dissolved material in sewage or in irrigation return 
flows. 

d. "Source reduction" means the reduction of solid waste before it enters 
the solid waste stream, by methods such as product redesign, materials 
substitution, materials reuse and packaging restrictions. 

e. "Expand" and "expansion" means any change in the incinerator's 
structure and/or operation that would result in additional burning capacity or 
capability. 

SEC. 3. AND BE U FURTHER ORDAINED, That for a period of 5 
years subsequent to the date of enactment of this Ordinance: 

a. The City shall not No person shall c onstruct, reconstruct, altor^ 
replace or expand any incinerator in Baltimore City. Provided, however, that 
if the Director of Public Works certifies in a written report by detail and 
analysis to the City Council that such construction, reconstruction, 
replacement or expansion is necessary to serve the public interest in the 
efficient, economic, safe and environmentally sound disposal of solid waste, 
the City Council by ordinance may approve such construction, 
reconstruction, replacement or expansion. 

bi No City office, officer, department, or employee shall aeeeptj prooooo 
or grant an application for any approval^ vnrinnoe, lioenoe of permit for an 
inoinerntor in Baltimore City^ nor grant a permit for the oonotruotion» 
reconstruction^ alteration » roplnooment or expansion^ for the purpose of 
inoreaoing or providing additional burning oapaoity or capability of any 
inoinerntor in Baltimore Cityi 

Oi No City office, offioer^ department, or employee shall enter into a 
contract to dispose of solid waste at any inoinerntor after the effective date 



drbj. Nothing contained herein shall abrogate any permittee's 
responsibility to comply with local, state or federal laws relating to pollution 
controls and any construction, reconstruction, improvement or replacement 
necessarily associated therewith. 

SEC. 4. AND BE IT FURTHER ORDAINED, That six months before 
expiration of the 5-year moratorium, the Director of Public Works shall 
submit to the Mayor and to the City Council a written report indicating the 
extent of the City's achievement of state-mandated standards for recycling and 
solid waste stream reduction. In the event that the Director reports that the 



337 



Ord. No. 129 



City has not yet achieved a 40 percent reduction in the City's solid waste 
stream through source reduction, recycling, and composting by the expiration 
of the moratorium period, then, without the necessity of further action by the 
City Council, the moratorium as provided herein shall be automatically 
renewed for an additional 5-year period or until such time as the Director 
reports that the 40 percent reduction has been achieved, whichever occurs 
first. 

SEC. 5. AND BE IT FURTHER ORDAINED, That within six (6) 
months after the effective date of this Ordinance, the City of Baltimore shall 
include in its ten (10) year solid waste plan, solid waste management 
programs that rely on safe, economical, and environmentally sound 
alternatives to the burning of solid waste. 

SEC. 6. AND BE IT FURTHER ORDAINED, That any person who 
violates any provision of this Ordinance or any rule or regulation promulgated 
by the Director of Public Works pursuant to this Ordinance, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less 
than $500.00 nor more than $1,000.00. If a violation is continuing, each day 
of violation shall constitute a separate offense. 

SEC. 7. AND BE IT FURTHER ORDAINED, That if any provision of 
this Ordinance or the application thereof to any person or circumstance is held 
invalid for any reason in a court of competent jurisdiction, the invalidity does 
not affect other provisions or any other application of this Ordinance which 
can be given effect without the invalid provision or application, and for this 
purpose the provisions of this Ordinance are declared severable. 

SEC. 8. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved August 7, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 129 
(Council Bill No. 50) 
AN ORDINANCE concerning 



338 






Ord. No. 129 



DRUG PARAPHERNALIA 

FOR the purpose of prohibiting the use, sale, delivery or possession of certain 
glassine or plastic bags or glass or plastic vials designed for use in 
packaging controlled dangerous substances; providing for certain factors 
in determining whether a violation has occurred; and providing penalties. 

BY adding 

Article 19 - Police Ordinance 

Subtitle - Drugs 

Section 22B 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Drugs 

22B. DRUG PARAPHERNALIA. 

(A) IT IS UNLAWFUL FOR ANY PERSON TO USE, OR TO 
POSSESS WITH THE INTENT TO USE, SMALL GLASSINE OR 
PLASTIC BAGS OR GLASS OR PLASTIC VIALS THAT HOLD LESS 
THAN 1/8 OF AN OUNCE, WHICH ARE DESIGNED FOR USE IN 
PACKAGING SMALL QUANTITIES OF CONTROLLED DANGEROUS 
SUBSTANCES TO MANUFACTURE. PROCESS. PREPARE. PACK. 
REPACK. STORE. CONTAIN OR CONCEAL A CONTROLLED 
DANGEROUS SUBSTANCE IN VIOLATION OF THE CONTROLLED 
DANGEROUS SUBSTANCE SUBHEADING OF ARTICLE 27 OF THE 
ANNOTATED CODE OF MARYLAND. 

(B) IT IS UNLAWFUL FOR ANY PERSON TO DELIVER, SELL, OR 
POSSESS WITH THE INTENT TO DELIVER OR SELL, SMALL 
GLASSINE OR PLASTIC BAGS OR GLASS OR PLASTIC VIALS THAT 
HOLD LESS THAN 1/8 OF AN OUNCE, WHICH ARE DESIGNED FOR 
USE IN PACKAGING SMALL QUANTITIES OF CONTROLLED 
DANGEROUS SUBSTANCES KNOWING OR UNDER 
CIRCUMSTANCES WHERE ONE REASONABLY SHOULD KNOW 
THAT IT WILL BE USED TO MANUFACTURE. PROCESS. PREPARE. 



339 



Ord. No. 129 



PACK. REPACK. STORE. CONTAIN OR CONCEAL A CONTROLLED 
DANGEROUS SUBSTANCE IN VIOLATION OF THE CONTROLLED 
DANGEROUS SUBSTANCE SUBHEADING OF ARTICLE 27 OF THE 
ANNOTATED CODE OF MARYLAND. 

(C) IT IS UNLAWFUL FOR ANY PERSON TO ADVERTISE IN 
ANY NEWSPAPER, MAGAZINE, HANDBILL, POSTER, SIGN, 
MAILING, OR OTHER WRITING OR PUBLICATION, KNOWING, OR 
UNDER CIRCUMSTANCES WHERE ONE SHOULD REASONABLY 
KNOW, THAT THE PURPOSE OF THE ADVERTISEMENT, IN WHOLE 
OR IN PART, IS TO PROMOTE THE USE, SALE OR DELIVERY OF 
THE SMALL GLASSINE OR PLASTIC BAGS OR GLASS OR PLASTIC 
VIALS DESCRIBED IN THIS SECTION FOR USE IN PACKAGING 
SMALL QUANTITIES OF CONTROLLED DANGEROUS SUBSTANCES 
IN VIOLATION OF THE CONTROLLED DANGEROUS SUBSTANCE 
SUBHEADING OF ARTICLE 27 OF THE ANNOTATED CODE OF 
MARYLAND. 

(D) ANY PERSON FOUND GUILTY OF A VIOLATION OF THE 
PROVISIONS OF THIS SUBSECTION IS GUILTY OF A 
MISDEMEANOR AND UPON CONVICTION SHALL BE SUBJECT TO A 
FINE OF $1,000 OR IMPRISONMENT FOR 1 YEAR, OR BOTH. 

(E) IN DETERMINING WHETHER THE USE, POSSESSION, 
DELIVERY, OR SALE OF A SMALL GLASSINE OR PLASTIC BAG OR 
THE VIAL IS PROHIBITED UNDER THE PROVISIONS OF THIS 
SECTION A POLICE OFFICER. THE STATE'S ATTORNEY. A COURT 
OR OTHER AUTHORITY SHOULD CONSIDER THE TOTALITY OF 
THE CIRCUMSTANCES. IN ADDITION TO ALL OTHER LOGICALLY 
RELEVANT FACTORS, THE FOLLOWING: 

(1) STATEMENTS BY AN OWNER OR BY ANYONE IN 
CONTROL OF THE BAG OR THE VIAL CONCERNING ITS USE; 

(2) PRIOR CONVICTIONS, IF ANY, OF AN OWNER, OR OF 
ANYONE IN CONTROL OF THE BAG OR THE VIAL. UNDER ANY 
STATE OR FEDERAL LAW RELATING TO ANY CONTROLLED 
DANGEROUS SUBSTANCE; 

(3) THE PROXIMITY OF THE BAG OR THE VIAL. IN TIME 
AND SPACE, TO A DIRECT VIOLATION OF THIS SECTION OR TO A 
CONTROLLED DANGEROUS SUBSTANCE; 



340 



Ord. No. 129 



(4) THE EXISTENCE OF ANY RESIDUE OF CONTROLLED 
DANGEROUS SUBSTANCES ON THE BAG OR THE VIAL: 

(5) DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE 
INTENT OF AN OWNER, OR OF ANYONE IN CONTROL OF THE BAG 
OR THE VIAL. TO DELIVER IT TO PERSONS WHOM HE KNOWS, OR 
SHOULD REASONABLY KNOW, INTEND TO USE IT TO FACILITATE 
A VIOLATION OF THIS SECTION; THE INNOCENCE OF AN OWNER, 
OR OF ANYONE IN CONTROL OF THE BAG OR THE VIAL. AS TO A 
DIRECT VIOLATION OF THIS SECTION SHALL NOT PREVENT A 
FINDING THAT THE BAG OR THE VIAL IS INTENDED FOR USE, OR 
DESIGNED FOR USE IN VIOLATION OF THIS SECTION; 

(6) INSTRUCTIONS, ORAL OR WRITTEN, PROVIDED WITH 
THE BAG OR THE VIAL CONCERNING ITS USE; 

(7) DESCRIPTIVE MATERIALS ACCOMPANYING THE BAG 
OR THE VIAL WHICH EXPLAIN OR DEPICT ITS USE; 

(8) NATIONAL AND LOCAL ADVERTISING CONCERNING 
ITS USE; 

(9) THE MANNER IN WHICH THE BAG OR THE VIAL IS 
DISPLAYED FOR SALE; 

(10) WHETHER THE OWNER, OR ANYONE IN CONTROL OF 
THE BAG OR THE VIAL. IS A LEGITIMATE SUPPLIER, SUCH AS A 
LICENSED DISTRIBUTOR OR DEALER OF TOBACCO PRODUCTS, OF 
LIKE OR RELATED ITEMS TO THE COMMUNITY; 

(11) DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE 
RATIO OF SALES OF THE BAG OR THE VIAL TO THE TOTAL SALES 
OF THE BUSINESS ENTERPRISE; 

(12) THE EXISTENCE AND SCOPE OF LEGITIMATE USES 
FOR THE BAG OR THE VIAL IN THE COMMUNITY; 

(13) EXPERT TESTIMONY CONCERNING ITS USEr; 

(14) ANY OTHER VERIFIABLE INFORMATION ACCEPTED 
BY LAW ENFORCEMENT AGENCIES THAT INDICATES 
THAT THE BAG OR THE VIAL IS INTENDED FOR USE. 



341 



Ord. No. 130 



OR DESIGNED FOR USE IN VIOLATION OF THIS 
SECTION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved September 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 130 

(Council Bill No. 30) 

AN ORDINANCE concerning 

OFF-STREET PARKING SPACES IN RESIDENTIAL DISTRICTS 

FOR the purpose of altering the number of off-street parking spaces 
required for churches, temples and synagogues and for buildings 
containing multiple dwelling units in certain zoning districts. 

BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 9 - Off-Street Parking Regulations 
Section 9.0-3 - Multiple family dwellings, apartment hotels, 

rooming and boarding houses; and churches, temples, and synagogues 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 30 -ZONING 

Chapter 9 - Off-Street Parking Regulations 

9.0-3 Schedule of required off-street parking spaces. 



342 



Ord. No. 130 



Off-street parking spaces shall be provided, as follows: 
Uses Parking Spaces Required 

Multiple family dwellings; apartment hotels, rooming and boarding houses: 

B-5-1, B-5-2, B-4-1, B-4-2, 

O-R-4 One for each ffourf-2 dwelling 

units, 

One for each feightf4 

efficiency units, 

One for each {twelve}-6 

rooming units 

All other diotrioto 

R-l - R-9 One for each dwelling unit, 

One for each [two] efficiency 

[units] UNIT, 

One for each [three] rooming 

[units] UNIT 

OR 3, R 10 

ALL OTHER DISTRICTS One for each {two} dwelling 

(unit s] UNIT , 

One for each ffourf-2 

efficiency units, 

One for each {sixf-2 rooming units 

Churches, temples, and 
synagogues: 

B-5-1, B-5-2, B-4-1 

B-4-2, O-R-4 No requirement 

B-3-3, B-2-3, O-R-3, 

O-R-2, R-10, R-9 One for each 20 seats 

All other districts One for oaoh [eight] 4 soato 

FOR A RELIGIOUS INSTITUTION 
WHOSE WORSHIPPERS ARE 
REQUIRED TO WALK TO 
WORSHIP BECAUSE OF 

RELIGIOUS TENENT ONE 

FOR EACH EIGHT SEATS 



343 



Ord. No. 131 



ALL OTHER 
FACILITIES.. ONE FOR 
EACH FOUR SEATS 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved October 30, 1992 

KURT L. SCHMOKE, Mayor 



ENROLLED 

CITY OF BALTIMORE 

ORDINANCE NO. 131 

(Council Bill No. Ill) 

AN ORDINANCE concerning 

CURFEW ON RETAIL BUSINESS ESTABLISHMENTS 
IN DRUG-FREE ZONES 

FOR the purpose of authorizing the Police Commissioner to impose a curfew 
on the operation of retail business establishments in certified drug-free 
zones based on certain findings and declarations : providing for notice and 
hearings; providing penalties; providing for certain exemptions; and 
generally relating to the imposition of a curfew on the operation of retail 
business establishments in certified drug-free zones. 

BY renumbering 

Article 19 - Police Ordinances 

Subtitle - Loitering 

Section 58C(f) to be Section 58C(g) 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendment 
Article 19 - Police Ordinances 
Subtitle - Loitering 
Section 58C(a) 



344 



Ord. No. 131 



Baltimore City Code (1983 Replacement volume, as amended) 

BY adding 

Article 19 - Police Ordinances 

Subtitle - Loitering 

Section 58C(f) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE. That Section 58C(f) of Article 19 - Police 
Ordinances of the Baltimore City Code (1983 Replacement Volume, as 
amended) be renumbered to be Section 58C(g). 

SECTION l. SEC. 2. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Loitering 

58C. Loitering about or using a place for the purpose of engaging in 
unlawful drug-related activity. 

(a) Findings and declarations: 

The City Council finds and declares that the illegal manufacture, 
distribution, possession, and administration of drugs and other unlawful drug- 
related activities is a city-wide evil of substantial and urgent proportions 
constituting a clear and present danger to the citizens of the City, that innocent 
persons, including children, who come into contact with illegal drug-related 
activity are seriously and adversely affected and their health and safety are 
jeopardized by the violence and materials (such as discarded syringes) 
associated with these practices: THAT THE PROVISIONS OF SUBSECTION 
(F) OF THIS SECTION ARE COMPELLED BY THE DANGERS OF 
UNLAWFUL DRUG-RELATED ACTIVITY WHICH CONSTITUTE A 
PUBLIC CRISIS OF EMERGENCY PROPORTIONS. ARE IMPOSED FOR 
A SHORT DURATION. AND AFFECT THE VERY DISCREET 
GEOGRAPHICAL AREA OF A CERTIFIED DRUG-FREE ZONE: and that 
criminalizing drug-free zone for the purpose of engaging in drug-related 
activity is a necessary exercise of the police power to maintain the peace, good 
government, health and welfare of Baltimore City. 



345 



Ord. No. 131 



(F) UPON PETITION OF A NEIGHBORHOOD COMMUNITY 
ASSOCIATION OR UPON REPORTS OF INCIDENTS OF CRIMINAL 
ACTIVITY, THE POLICE COMMISSIONER MAY IMPOSE A CURFEW 
ON THE OPERATION OF RETAIL BUSINESS ESTABLISHMENT S IN 
CERTIFIED DRUG FREE ZONES BETWEEN THE HOURS OF 12 
MIDNIGHT AND 6 A.M. FOR A PERIOD NOT TO EXCEED 120 
CONTINUOUS DAYS DURING A 6 MONTH PERIOD. 

(F) A NEIGHBORHOOD COMMUNITY ASSOCIATION OR A 
RECOGNIZED RELIGIOUS ORGANIZATION MAY REPORT TO THE 
POLICE COMMISSIONER THE EXISTENCE OF UNLAWFUL DRUG- 
RELATED ACTIVITY ON OR ABOUT THE PREMISES OF CERTAIN 
RETAIL BUSINESS ESTABLISHMENTS IN AN ALREADY CERTIFIED 
DRUG-FREE ZONE. AND THAT THESE RETAIL BUSINESS 
ESTABLISHMENTS ARE A FOCAL POINT FOR THE GATHERING AND 
LOITERING OF CERTAIN PERSONS WHO HAVE THE INTENT TO 
ENGAGE IN UNLAWFUL DRUG-RELATED ACTIVITY. THE REPORT 
MAY ALSO PETITION THE POLICE COMMISSIONER TO IMPOSE A 
CURFEW ON THESE RETAIL BUSINESS ESTABLISHMENTS. UPON 
VERIFICATION OF THE CONDITIONS REPORTED. THE POLICE 
COMMISSIONER OR DEPUTY POLICE COMMISSIONER MAY IMPOSE 
A CURFEW ON SUCH RETAIL BUSINESS ESTABLISHMENTS. IN A 
CERTIFIED DRUG FREE ZONE. BETWEEN THE HOURS OF 12 
MIDNIGHT AND 6 A.M. FOR A PERIOD OF NOT MORE THAN 120 
CONTINUOUS DAYS DURING A 6 MONTH PERIOD. OR THE 
DECERTIFICATION OF THE AREA AS A DRUG FREE ZONE. 
WHICHEVER HAPPENS SOONER. 

(1) AT LEAST 30 DAYS BEFORE A CURFEW IS SCHEDULED 
TO BEGIN, THE POLICE COMMISSIONER SHALL NOTIFY ALL 
AFFECTED RETAIL BUSINESS ESTABLISHMENTS OF THE POLICE 
COMMISSIONER'S INTENTION TO IMPOSE THE CURFEW. 

(2) AT LEAST 15 DAYS BEFORE THE CURFEW PERIOD 
BEGINS, THE OWNER OR OPERATOR OF A RETAIL BUSINESS 
ESTABLISHMENT THAT WILL BE REQUIRED TO CLOSE DURING 
THE CURFEW PERIOD MAY REQUEST A HEARING BEFORE THE 
POLICE COMMISSIONER OR THE POLICE COMMISSIONER'S 
DESIGNEE ON THE PROPOSED IMPOSITION OF THE CURFEW. 

(3) ANY OWNER OR OPERATOR WHO KNOWINGLY 
VIOLATES ANY PROVISION OF THIS SUBSECTION SHALL BE 



346 



Ord. No. 131 



GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE 
SUBJECT TO A FINE OF $1,000 OR IMPRISONMENT FOR UP TO 30 
DAYS OR BOTH FINE AND IMPRISONMENT. 

BB THE PROVISIONS OF THIS SUBSECTION SHALL NOT 
APPLY TO A RETAIL BUSINESS ESTABLISHMENT THAT IS PART OF 
A CHAIN OF NOT FEWER THAN 10 SUCH ESTABLISHMENTS 
OPERATED UNDER A FEDERALLY REGISTERED TRADEMARK BY A 
CORPORATION WHICH HAS A POLICY OF 84 HOURS A DAY 
OPERATION. OR A FRANCHISEE OF THE CORPORATION. 

(4) AT LEAST 15 DAYS BEFORE THE CURFEW PERIOD 
BEGINS. A RETAIL BUSINESS ESTABLISHMENT MAY PETITION THE 
COMMISSIONER FOR AN EXEMPTION FROM THE PROVISIONS OF 
THIS SUBSECTION. IF THE COMMISSIONER DETERMINES THAT 
THE PETITIONER'S RETAIL BUSINESS ESTABLISHMENT IS NOT A 
FOCAL POINT FOR THE GATHERING AND LOITERING OF CERTAIN 
PERSONS WHO HAVE THE INTENT TO ENGAGE IN UNLAWFUL 
DRUG-RELATED ACTIVITY. THE COMMISSIONER MAY ISSUE AN 
ORDER EXEMPTING THE PETITIONER'S RETAIL BUSINESS 
ESTABLISHMENT FROM THE PROVISIONS OF THIS SUBSECTION. IN 
ORDER TO MAKE THE DECISION ON THE PETITION. THE 
COMMISSIONER MAY CONDUCT AN INVESTIGATION INTO THE 
POLICY. PRACTICES. AND SECURITY ARRANGEMENTS OF THE 
PETITIONER TO DISCOURAGE THE USE OF THE PETITIONER'S 
RETAIL BUSINESS ESTABLISHMENT AS A FOCAL POINT FOR THE 
GATHERING AND LOITERING OF CERTAIN PERSONS WHO HAVE 
THE INTENT TO ENGAGE IN UNLAWFUL DRUG-RELATED 
ACTIVITY. IF THE COMMISSIONER'S INVESTIGATION REVEALS 
THAT THE PETITIONER IS PROVIDING ADEQUATE SECURITY TO 
DETER UNLAWFUL DRUG-RELATED ACTIVITY. THE 
COMMISSIONER MAY EXEMPT THE PETITIONER FROM THE 
PROVISIONS OF THIS SUBSECTION. A PETITIONER WHO IS 
AGGRIEVED BY THE COMMISSIONER'S DECISION MAY APPEAL THE 
DECISION TO THE CIRCUIT COURT OF BALTIMORE CITY. 

SEC. 23. AND BE IT FURTHER ORDAINED. That if any subsection, 
paragraph, sentence or word of this section shall be held to be invalid, 
either on its face or as applied, the invalidity of such provision shall not 
affect the other subsections, paragraphs, sentences or words of this 
section and the applications thereof: and to that end the subsections, 
paragraphs, sentences or words of this ordinance shall be deemed 
severable. 



347 



Ord. No. 132 



SEC. 34. AND BE IT FURTHER ORDAINED. That this Ordinance 
shall take effect thirty days after its enactment. It shall remain effective until 
January September 30. 1993. and with no further action required by the 
Mayor and City Council, this Ordinance shall be abrogated and of no further 
force and effect. 

SEC. 2. AND BE IT FURTHER ORDAINED, That thio ordinanoo 
ohall take of foot on tho 30th day after the date of ito enactment. 

Approved October 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 132 

(Council Bill No. 215) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 919-929931 NORTH BROADWAY 

FOR the purpose of granting permission to Struever Bros. Eccles & Rouse, 
Inc. for the establishment, maintenance and operation of housing for the 
elderly with a maximum of 47 units on the properties known as 919- 
929 931 North Broadway, as outlined in red on the plats accompanying 
this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 4.8-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to Struever 
Bros. Eccles & Rouse, Inc. for the establishment, maintenance and operation 
of housing for the elderly with a maximum of 47 units on the properties 
known as 919-929 931 North Broadway, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections 4.8-ld-5 and 
1 1.0-6d of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) titled "Zoning". 



348 






Ord. No. 133 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: The Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved November 16, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 133 

(Council Bill No. 275) 

AN ORDINANCE concerning 

PARKING - EDMONDSON AVENUE 

FOR the purpose of authorizing parking at all times in a portion of the 

2900 block of Edmondson Avenue; and requiring the removal of parking 
restriction signs. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That parking shall be permitted at all times on 
the north side of Edmondson Avenue between Poplar Grove Street and 2916 
Edmondson Avenue, and the Commissioner of the Department of 
Transportation shall remove all signs restricting parking at that location on the 
effective date of this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



349 



Ord. No. 134 



Approved November 16, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 134 

(Council Bill No. 195) 

AN ORDINANCE concerning 

FLOODPLAIN MANAGEMENT 

FOR the purpose of generally amending the City's Floodplain 

Management Plan in order to comply with the rules and regulations 
of the State of Maryland. 

BY adding 

Article 7 - Floodplain Management 

Sections 3(b), 3(i), 3(j), 3(m), 3(n), 3(o), 3(p), 3(x), 3(bb), 3(dd), 

3(ff), 4(f), 5(a)(4), 5(a)(13)(v), 5(a)(14)(ix), 5(a)(16), 5(a)(17), 

5(a)(18)(iv), 5(a)(18)(v), 5(b)(4), 5(b)(5), 

5(e)(l)(vi) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 
Article 7 - Floodplain Management 
Sections 3(e), 3(s), 3(t), 4(b)(1), 4(b)(4), 4(f), 5(a)(3), 5(a)(15), 

5(b)(1), 5(b)(2), 5(b)(3), 5(e)(2), 7(a), 7(j) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 7 - Floodplain Management 

Section 5(a)(13) 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY renumbering 

Sections 3 - Definitions, 5(a)(4) - 5(a)(12) to 5(a)(5) - 5(a)(13), 

5(b)(5) - 5(b)(7) to 5(b)(6) - 5(b)(8) 
Baltimore City Code (1983 Replacement Volume, as amended) 



350 









Ord. No. 134 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 7 - FLOODPLAIN MANAGEMENT 

Regulatory Provisions 

3. Definitions. 

(B) "BASE FLOOD" MEANS THE 100- YEAR FREQUENCY FLOOD 
EVENT (AS INDICATED IN THE FLOOD INSURANCE STUDY, 
AS AMENDED) THE ELEVATION OF WHICH IS USED FOR 
REGULATORY PURPOSES IN THIS ORDINANCE. 

(I) "FLOOD INSURANCE RATE MAP (FIRM)" MEANS A MAP 
WHICH DEPICTS THE MINIMUM SPECIAL FLOOD HAZARD 
AREA TO BE REGULATED BY THIS ORDINANCE. 

(J) "FLOOD INSURANCE STUDY" MEANS AN ANALYSIS OF 
HYDROLOGIC AND HYDRAULIC CONDITIONS IN STREAMS 
AND TRIBUTARIES USED TO DETERMINE FLOOD 
ELEVATIONS AND FREQUENCY. 

(M) "FLOODPROOFING CERTIFICATE" MEANS THE FORM 

SUPPLIED BY FEMA TO CERTIFY THAT A BUILDING HAS 
BEEN DESIGNED AND CONSTRUCTED TO BE 
STRUCTURALLY FLOODPROOFED TO THE FLOOD 
PROTECTION ELEVATION. 

(N) "FLOOD PROTECTION ELEVATION (FPE)" MEANS THE 
ELEVATION OF THE BASE FLOOD PLUS ONE FOOT 
FREEBOARD. 

(O) "FREEBOARD" MEANS AN INCREMENT OF ELEVATION 
ADDED TO THE BASE FLOOD ELEVATION TO PROVIDE A 
FACTOR OF SAFETY FOR UNCERTAINTIES IN 
CALCULATIONS, WAVE ACTIONS, SUBSIDENCE, OR OTHER 
UNPREDICTABLE EFFECTS. 

(P) "HISTORIC STRUCTURE" MEANS A STRUCTURE LISTED 
INDIVIDUALLY ON THE NATIONAL REGISTER OF HISTORIC 



351 



Ord. No. 134 



PLACES, THE MARYLAND INVENTORY OF HISTORIC 
PROPERTIES, A LOCAL INVENTORY OF HISTORIC PLACES 
CERTIFIED BY THE MARYLAND HISTORIC TRUST OR THE 
SECRETARY OF THE INTERIOR, OR PRELIMINARILY 
DETERMINED AS MEETING THE REQUIREMENTS FOR SUCH 
LISTING BY THE MARYLAND HISTORIC TRUST OR THE 
SECRETARY OF THE INTERIOR, OR DETERMINED AS 
CONTRIBUTION TO THE HISTORIC SIGNIFICANCE OF A 
HISTORIC DISTRICT REGISTERED WITH THE SECRETARY OF 
THE INTERIOR. 

(X) "START OF CONSTRUCTION" MEANS THE DATE OF ISSUE 
OF THE BUILDING PERMIT FOR ANY DEVELOPMENT, 
INCLUDING NEW CONSTRUCTION AND SUBSTANTIAL 
IMPROVEMENTS, PROVIDED THAT THE ACTUAL START OF 
THE CONSTRUCTION OR IMPROVEMENT WAS WITHIN 180 
DAYS OF PERMIT ISSUANCE. THE ACTUAL START OF CON- 
STRUCTION IS THE PLACEMENT OF SLAB OR FOOTINGS, 
PILES, COLUMNS. 

[(s)](AA) "Substantial improvement" means any repair, 

reconstruction, or improvement of a structure, the cost of 
which equals or exceeds 50 percent of the fair market value of the 
structure either: (1) before the improvement or repair is 
started; or (2) if the structure has been damaged OR 
SUBSTANTIALLY DAMAGED and is being restored, before the 
damage occurred. For the purpose of this definition 
"substantial improvement" is considered to occur when the first 
alteration of any wall, ceiling, floor, or other structural part of 
the building commences, whether or not that alteration affects 
the external dimensions of the structure. The term does not, however, 
include either: (1) any project for improvement of a structure to 
comply with existing state or local health, sanitary, or safety code 
specifications which are solely necessary to assure safe living 
conditions; or (2) any alteration of a structure listed on the National 
Register of Historic Places or the State Inventory of Historic Places or 
the City Landmark List, PROVIDED THAT THE ALTERATION 
WILL NOT PRECLUDE THE STRUCTURE'S CONTINUED 
DESIGNATION ON THESE LISTS. 

(BB) "SUBSTANTIAL DAMAGE" MEANS DAMAGE OF ANY 

ORIGIN SUSTAINED BY A STRUCTURE WHEREBY THE COST 
OF RESTORING THE STRUCTURE TO ITS BEFORE DAMAGED 



352 






Ord. No. 134 



CONDITION WOULD EQUAL OR EXCEED 50% OF THE 
MARKET VALUE OF THE STRUCTURE BEFORE THE 
DAMAGE OCCURRED. 

[(t)](CC) "Temporary Development" means any building, 

construction, and/or assemblage of structures such as construction 
sheds, seats, canopies, tents and fences used in construction work 
or for temporary purposes, such as reviewing stands, fairs, 
carnivals, or flea markets, which are completely removed upon 
the expiration of 180 days or less as stated in the permit. 

(DD) "TEMPORARY STRUCTURE" MEANS ANY STRUCTURE 
COMPLETELY REMOVED WITHIN 360 DAYS FROM 
ISSUANCE OF THE PERMIT. 

(FF) "WETLAND" MEANS ANY LAND WHICH IS: (1) 
CONSIDERED "PRIVATE WETLAND" OR "STATE 
WETLAND" PURSUANT TO TITLE 9, WETLANDS AND 
RIPARIAN RIGHTS, NATURAL RESOURCES ARTICLE, 
ANNOTATED CODE OF MARYLAND; OR (2) DEFINED AS 
"WETLAND" BY THE U.S. FISH AND WILDLIFE SERVICE 
IDENTIFICATION AND CLASSIFICATION PROCEDURES. 

4. Establishment of Floodplain District. 

(a) The City shall establish a Floodplain District and an Official 

Floodplain Map to include all areas subject to inundation by the 
waters of the 100 Year Flood. The source of this delineation shall 
be at a minimum, data contained in the most recent flood 
insurance study for Baltimore City, and illustrated in [the "Flood 
Insurance Rate Maps" and the Flood Boundary and Floodway 
Maps"] THE "FLOOD INSURANCE RATE AND FLOOD 
BOUNDARY MAPS". THE FLOOD INSURANCE RATE 
(FIRM) MAPS ILLUSTRATE BOTH THE 100 YEAR 
FLOODPLAIN BOUNDARIES AND THE FLOODWAY 
BOUNDARIES. The Floodplain District and the Official 
Floodplain Map shall be deemed an overlay on any existing, and 
hereafter established, zones or districts within Baltimore City in 
accordance with the Zoning Ordinance of Baltimore City. [The 
Floodplain District and the Official Floodplain Map are 
established with emphasis on the 100 Year Flood elevation where 
defined rather than the area.] THE ONE HUNDRED 



353 



Ord. No. 134 



YEAR (100) FLOOD ELEVATION AS DETERMINED IN THE 
FLOOD INSURANCE STUDY IS graphically delineated on the 
official floodplain maps. THE GRAPHIC DELINEATION 
SHOULD ONLY BE USED AS AN APPROXIMATE GUIDE 
TO ACTUAL FIELD CONDITIONS. WHERE ACTUAL 
FIELD SURVEYED ELEVATIONS DISAGREE WITH MAP 
BOUNDARIES, THE SURVEYS SHALL PREVAIL IN 
ISSUING PERMITS. 

(b) The Floodplain District shall be comprised of the following 
subdistricts: 

(1) Floodway (Fl) - that portion of the Floodplain District required to 
carry and discharge the waters of the 100 Year Flood without 
increasing the water surface elevation at any point more than one 
(1) foot above existing 100 Year Flood conditions. [The floodway 
appears on the "Flood Boundary and Floodway Maps".] 

(4) Coastal Floodplain (CFP) - those portions of the Floodplain 
District subject to coastal or tidal flooding by a 100 Year Flood, 
where detailed study data are available. THESE AREAS ARE 
FLOODED DUE TO HIGH TIDES, HURRICANES, 
TROPICAL STORMS, AND STEADY ON-SHORE WINDS. 
The Coastal Floodplain appears on the "Rood Insurance Rate 
Maps" as Zones A, AE, and A1-A30. 

(c) The Official Floodplain Map shall be the most current "Flood 
Insurance Rate Maps [and Flood Boundary and Floodway Maps"] as 
prepared by the Federal Emergency Management Agency. The 
Official Floodplain Map which reflects the boundaries of the 
Floodplain District and its subdistricts shall be prepared and 
maintained by the Department of Planning, and incorporated by 
reference herein as part of this ordinance. 

(F) UNMAPPED STREAMS. 

IN CASES IN WHICH DEVELOPMENT IS PROPOSED IN THE 
VICINITY OF UNMAPPED STREAMS, WHICH HAVE NO 
DELINEATED 100- YEAR FLOODPLAIN, A MINIMUM OF 25 FOOT 
FLOOD PROTECTION SETBACK FROM THE BANK OF THE 
STREAM MAY BE USED. STATE PERMITS MAY BE REQUIRED 
AND APPLICANTS ARE ADVISED TO SEEK A DETERMINATION 
FROM THE STATE WATER RESOURCES ADMINISTRATION. 



354 



Ord. No. 134 



VARIANCE MAY BE APPLIED FOR UNDER SECTION H: 
FLOODPLAIN VARIANCES. 

5. Development Regulations. 

(a) In the entire Floodplain District the following regulations shall apply: 

[(3) The elevation of the lowest floor of all new or substantially 

improved structures shall be at least 1 foot above the elevation 
of the 100 Year Flood. Basements are prohibited.] 

(3) ALL NEW OR SUBSTANTIALLY IMPROVED RESIDENTIAL 
STRUCTURES, INCLUDING MANUFACTURED HOMES, 
SHALL HAVE THE LOWEST FLOOR ELEVATED TO AT 
LEAST ONE FOOT ABOVE THE 100 YEAR FLOOD 
ELEVATION. ALL PROPOSED STRUCTURES MUST BE 
PLACED ON THE LOT SO AS TO AVOID LOCATION IN 
THE FLOODPLAIN AS MUCH AS POSSIBLE. BASEMENTS 
ARE NOT PERMITTED. IN NONTIDAL FLOODPLAINS, 
HORIZONTAL EXPANSIONS WHICH INCREASE THE 
FOOTPRINT AND THAT ARE LESS THAN SUBSTANTIAL 
SHALL ALSO HAVE THE LOWEST FLOOR ELEVATED TO 
OR ABOVE THE FLOOD PROTECTION ELEVATION. THE 
ELEVATION OF THE LOWEST FLOOR OF THE 
IMPROVEMENT SHALL BE CERTIFIED BY A REGISTERED 
SURVEYOR OR PROFESSIONAL ENGINEER ON THE 
ELEVATION CERTIFICATE, AFTER THE LOWEST FLOOR 
IS IN PLACE. ENCLOSURES BELOW THE FLOOD 
PROTECTION ELEVATION MUST BE CONSTRUCTED 
WITH WATER EQUALIZING VENTS. IMPROVEMENTS IN 
TIDAL FLOODPLAINS WHICH ARE LESS THAN 
SUBSTANTIAL SHALL BE CONSTRUCTED TO MINIMIZE 
DAMAGE DURING FLOODING OR SHALL BE ELEVATED 
TO THE GREATEST EXTENT POSSIBLE. 

(4) ALL NEW OR SUBSTANTIALLY IMPROVED 
NONRESIDENTIAL STRUCTURES SHALL EITHER BE 
ELEVATED AS SET FORTH ABOVE FOR RESIDENTIAL 
STRUCTURES OR SHALL BE FLOODPROOFED. 
HORIZONTAL EXPANSIONS IN THE NONTIDAL 
FLOODPLAIN WHICH INCREASE THE FOOTPRINT AND 



355 



Ord. No. 134 



THAT ARE LESS THAN SUBSTANTIAL SHALL ALSO 
HAVE THE LOWEST FLOOR ELEVATED TO OR ABOVE 
THE FLOOD PROTECTION ELEVATION. BASEMENTS OR 
THE FLOODPROOFING OPTION ARE PROHIBITED FOR 
NEW NONRESIDENTIAL STRUCTURES IN NONTIDAL 
FLOODPLAINS. 

FLOODPROOFING DESIGNS FOR EXISTING 
STRUCTURES MUST INSURE THAT AREAS BELOW THE 
FLOOD PROTECTION ELEVATION ARE WATERTIGHT 
WITH WALLS SUBSTANTIALLY IMPERMEABLE TO THE 
PASSAGE OF WATER AND WITH STRUCTURAL 
COMPONENTS CAPABLE OF RESISTING HYDROSTATIC 
AND HYDRODYNAMIC LOADS AND EFFECTS OF 
BUOYANCY. IF THE FLOODPROOFING OPTION IS 
CHOSEN, A FLOODPROOFING CERTIFICATE MUST BE 
COMPLETED BY A REGISTERED PROFESSIONAL 
ENGINEER OR ARCHITECT WHO SHALL REVIEW THE 
DESIGN AND SPECIFICATIONS AND CERTIFY THAT THE 
NONRESIDENTIAL STRUCTURE WILL MEET THIS 
STANDARD. 

[(12)] (13) Fill. 

(V) THE PLACEMENT OF MORE THAN 600 CUBIC YARDS 
OF FILL PER ACRE IN THE FLOODPLAIN IS 
PROHIBITED EXCEPT BY VARIANCE. ELEVATING 
BUILDINGS BY OTHER METHODS MUST BE 
CONSIDERED UNLESS 600 CUBIC YARDS OR LESS OF 
FILL ARE REQUIRED. AN APPLICANT SHALL 
DEMONSTRATE THAT FILL IS THE ONLY 
ALTERNATIVE TO RAISING THE BUILDING TO AT 
LEAST THE FLOOD PROTECTION ELEVATION, AND 
THAT THE AMOUNT OF FILL USED WILL NOT 
AFFECT THE FLOOD STORAGE CAPACITY OR 
INCREASE FLOODING ONTO NEIGHBORING 
PROPERTIES. 

IN THE EVENT BUILDINGS ON ADJACENT 
PROPERTIES ARE KNOWN OR DETERMINED TO BE 
SUBJECT TO FLOODING UNDER CURRENT 
CONDITIONS, THE LOCAL PERMITTING OFFICIAL 
MAY REQUIRE SUBMISSION OF HYDROLOGIC AND 



356 






Ord. No. 134 

HYDRAULIC ANALYSES TO ADEQUATELY 
DEMONSTRATE THE EFFECTS OF THE PROPOSED 
FILL. 

[13. Manufactured Homes and Buildings. 

(i) Manufactured homes or buildings shall be elevated on 
permanent foundations so that the lowest floor of each 
manufactured home or building will be at or above 1 foot 
above the elevation of the 100 Year Rood. 

(ii) Adequate surface drainage as well as access for a 

manufactured home or building hauler shall be provided. 

(iii) When manufactured homes or buildings are to be elevated 
on pilings, lots shall be large enough to permit steps, 
pilings shall be placed in stable soil no more than 10 feet 
apart, and reinforcement shall be provided for pilings 
more than 6 feet above the ground level. 

(iv) All manufactured homes or buildings shall be securely 

anchored to a properly anchored, permanent foundation to 
resist flotation, collapse, lateral movement and wind 
forces. Methods of anchoring shall include, but are not to 
be limited to, use of over-the-top or frame ties to ground 
anchors. 

(v) Any addition to a manufactured home or building shall be 

similarly elevated and anchored.] 

(14) Accessory /appurtenant structures. 

Due to their minimal investment, detached garages, storage 
structures, and accessory structures containing less than 300 
square feet shall be exempt from the elevation or dry 
floodproofing standards of this ordinance provided that all of the 
following conditions are met: 

(IX) A NON-CONVERSION AGREEMENT SHALL BE 
COMPLETED AND SIGNED BY THE PROPERTY 
OWNER. THE DESIGN AND CONSTRUCTION OF 



357 



Ord. No. 134 



THE BUILDING SHALL FOLLOW THE 
REGULATIONS STATED IN THE AGREEMENT AND 
BE EQUIPPED WITH WATER EQUALIZING VENTS 
AS SPECIFIED IN 5A(3) AND 5A(4). 

(15) Enclosures below lowest floor AND/OR BELOW THE 
FLOOD PROTECTION ELEVATION. 

New construction and substantial improvements of fully 
enclosed areas below the lowest floor, OR BELOW THE 100 
YEAR FLOOD ELEVATION, including but not limited to crawl 
spaces, solid footings, and continuous foundations, SHEDS AND 
GARAGES, shall be designed to meet or exceed the following 
minimum criteria: 

(i) A minimum of 2 openings having a total net area of not 

less than 1 square inch for every square foot of enclosed 
areas subject to flooding shall be provided. 

(ii) The bottom of all openings shall be no higher than 1 foot 
above grade. 

(iii) Openings may be equipped with screens, louvers, valves, 
or other coverings or devices, provided that they permit 
the automatic entry and exit of flood waters. 

(16) WATERCOURSES. 

IN ALL FLOODPLAIN ZONES AND/OR AREAS WITHIN 
25 FEET FROM A WATER COURSE, ANY 
DEVELOPMENT WHICH PROPOSES TO ALTER A 
WATERCOURSE MUST OBTAIN A VARIANCE FROM 
BALTIMORE CITY. ALL CONDITIONS FOR 
ENCROACHMENT IN THE FLOODWAY MUST BE 
MINIMIZED. ADJACENT COMMUNITIES AND 
PROPERTY OWNERS, FEMA, AND THE MARYLAND 
WATER RESOURCES ADMINISTRATION MUST BE 
NOTIFIED OF ANY APPLICATION. 



358 



Ord. No. 134 



(17) FLOOD PROTECTION SETBACK REQUIREMENT. 

A MINIMUM 25 FOOT FLOOD PROTECTION SETBACK 
SHALL BE MAINTAINED FROM THE EDGE OF THE BANKS 
OF ANY WATERCOURSE DELINEATED AS HAVING A 
FLOODPLAIN ON THE FLOODWAY MAP OR FIRM T 
EXCEPT WHERE THE SETBACK MAY EXTEND BEYOND 
THE FLOODPLAIN. TO PREVENT EROSION, NATURAL 
VEGETATION SHALL BE MAINTAINED IN THIS AREA. 
WHERE NATURAL VEGETATION DOES NOT EXIST ALONG 
THE WATER COURSE, AND CONDITIONS FOR 
REPLANTING ARE SUITABLE, HIGH PRIORITY SHALL BE 
GIVEN TO PLANTING TREES IN THE SETBACK AREA TO 
STABILIZE BANKS AND TO ENHANCE AQUATIC 
RESOURCES. 

A MINIMUM 25 FOOT FLOOD PROTECTION SETBACK 
SHALL BE MAINTAINED FROM THE TOP OF THE BANK 
OF ANY STREAM WHICH HAS NO DESIGNATED 
FLOODPLAIN. NATURAL VEGETATION SHALL BE 
MAINTAINED AND, IF NEEDED, TREES PLANTED. 

[(16)](18) Utilities and facilities. 

In the entire Floodplain District, the design, placement and 
construction of all public and private utilities and facilities shall 
meet the following requirements: 

(IV) ELECTRIC SYSTEMS 

1. ALL ELECTRIC WATER HEATERS, ELECTRIC 
FURNACES,GENERATORS, HEAT PUMPS, AIR 
CONDITIONERS, AND OTHER PERMANENT 
ELECTRICAL INSTALLATIONS SHALL BE 
PERMITTED ONLY AT OR ABOVE 1 FOOT 
ABOVE THE ELEVATION OF THE 100 YEAR 
FLOOD. 

2. NO ELECTRICAL DISTRIBUTION PANELS 
SHALL BE PERMITTED AT AN ELEVATION 
LESS THAN 3 FEET ABOVE THE ELEVATION OF 
THE 100 YEAR FLOOD. 



359 












Ord. No. 134 



(V) PLUMBING 

1. WATER HEATERS, FURNACES, TOILETS, 
SHOWERS, SINKS, AND OTHER PERMANENT 
MECHANICAL INSTALLATIONS SHALL BE 
PERMITTED ONLY AT OR ABOVE ONE 1 FOOT 
ABOVE THE LEVEL OF THE 100 YEAR FLOOD. 

(b) In the Floodway (Fl) the following regulations shall apply: 

(1) [All residential development] PRIVATE DEVELOPMENT 
INCLUDING RESIDENTIAL, COMMERCIAL AND 
INDUSTRIAL DEVELOPMENT, shall be prohibited. 

(2) [No other] PUBLIC development shall NOT be permitted except 
where the effect of such development on flood heights is fully 
offset by accompanying stream modification and the development is 
approved by all appropriate local authorities, the Maryland Water 
Resources Administration and the U.S. Army Corps of Engineers. 

(3) All proposals to offset the effect of development in the Floodway 
by construction of stream modifications shall be documented by an 
engineering report prepared by a registered professional engineer 
which fully evaluates the effects of such construction and which 
shall be submitted with the application for a building permit. The 
report shall use the 100 Year Flood and Floodway data as prepared 
by the Federal Emergency Management Agency and adopted herein 
as the basis of analysis. Any development shall meet the 
requirements of Section 5(a). 

ANY DEVELOPMENT IN THE FLOODWAY WHICH MAY 
RESULT IN ANY INCREASE IN WATER SURFACE 
ELEVATIONS OR CHANGE TO THE FLOODWAY MUST BE 
SUBMITTED TO THE FEDERAL EMERGENCY 
MANAGEMENT AGENCY FOR A CONDITIONAL LETTER 
OF MAP REVISION. HYDROLOGIC AND HYDRAULIC 
ANALYSES BASED ON EXISTING FLOODWAY MODELS 
AND PERFORMED IN ACCORDANCE WITH STANDARD 
ENGINEERING PRACTICES AND CERTIFIED BY A 
REGISTERED PROFESSIONAL ENGINEER MUST BE 
SUBMITTED. FAILURE TO RECEIVE THIS LETTER SHALL 
BE GROUNDS FOR DENIAL OF THE PERMIT. 



360 



Ord. No. 134 



AN ALTERNATIVE ANALYSIS MUST BE PREPARED 
FOR ANY DEVELOPMENT IN THE FLOODWAY BEFORE A 
PERMIT MAY BE ISSUED. 

(4) BEFORE A PERMIT MAY BE ISSUED, THE APPROPRIATE 
AGENCY SHALL SUBMIT AN ALTERNATIVE ANALYSIS TO 
THE DEPARTMENT OF PLANNING WHICH 
DEMONSTRATES THAT: 

(D NO REASONABLE ALTERNATIVE EXISTS OUTSIDE 
THE FLOODWAY; 

(II) ENCROACHMENT IN THE FLOODWAY IS THE 
MINIMUM NECESSARY; 

(HI) THE DEVELOPMENT WILL WITHSTAND THE 100- 
YEAR FLOOD WITHOUT SIGNIFICANT 
DAMAGE; AND 

(IV) THE DEVELOPMENT WILL NOT INCREASE 
DOWNSTREAM OR UPSTREAM FLOODING OR 
EROSION, OR SIGNIFICANTLY CONTRIBUTE TO 
DEBRIS. 

(5) EXISTING STRUCTURES IN THE FLOODWAY SHALL BE 
SUBSTANTIALLY IMPROVED ONLY BY VARIANCE AND IF 
THEY CAN BE BROUGHT INTO CONFORMANCE WITH 
THIS ORDINANCE WITHOUT INCREASING THE 
FOOTPRINT OF THE EXISTING STRUCTURE. MINOR 
ADDITIONS (LESS THAN SUBSTANTIAL) MUST BE 
ELEVATED TO THE FLOOD PROTECTION ELEVATION ON 
PILINGS OR COLUMNS. IN THE EVENT OF SUBSTANTIAL 
DAMAGE OR REPLACEMENT, THE APPROPRIATE 
AGENCY SHALL SUBMIT AN ALTERNATIVE ANALYSIS TO 
DETERMINE IF THE STRUCTURE CAN BE RELOCATED TO 
A LESS HAZARDOUS SITE. WHERE REPLACEMENT 
STRUCTURES CANNOT BE RELOCATED, THEY SHALL BE 
LIMITED TO THE FOOTPRINT OF THE PREVIOUS 
STRUCTURE. PERMITS FOR INCREMENTAL 



361 



Ord. No. 134 



IMPROVEMENTS AND ADDITIONS SHALL BE 
TRACKED BY THE LOCAL PERMITTING 
OFFICIAL, AND IF CUMULATIVE IMPROVE- 
MENTS CONSTITUTE SUBSTANTIAL 
IMPROVEMENT, NO FURTHER PERMITS MAY BE 
ISSUED UNLESS THE STRUCTURE CONFORMS 
TO THE PROVISIONS OF THIS ORDINANCE. 

[(4) Existing non-conforming structures and/or development 

shall not be substantially improved unless the effect of 
the proposed improvement on flood heights is fully offset 
by accompanying stream modifications and the 
improvement is approved by the Maryland Water 
Resources Administration.] 

(i) Substantial improvement of a non-conforming 

structure and/or development regardless of 
location shall be undertaken only in compliance 
with the provisions of this ordinance and any 
other applicable law. 

(ii) The modification, alteration, repair, 

reconstruction or improvement of any non- 
conforming structure and/or development 
amounting to less than 50 percent of its fair 
market value shall be elevated and/or 
floodproofed to the greatest extent possible. 

(iii) Uses or adjuncts thereof which are, or become, 

nuisances shall not be permitted to continue. 

(e) In the Coastal High Hazard Area (Zone V), the following 
regulations shall apply in addition to the development regulations cited in 
Section 5(a). 

(VI) NO NEW DEVELOPMENT IN THE COASTAL HIGH 
HAZARD AREA SHALL BE PERMITTED UNLESS THE 
APPLICANT DEMONSTRATES THAT: 

1. THE ENCROACHMENT INTO THE 

COASTAL HIGH HAZARD IS THE 
MINIMUM NECESSARY; 



362 



Ord. No. 134 



2. THE DEVELOPMENT WILL WITHSTAND 
THE 100 YEAR WIND AND WATER 
LOADS WITHOUT DAMAGE; 

3. THE DEVELOPMENT WILL NOT CREATE 
AN ADDITIONAL HAZARD TO EXISTING 
STRUCTURES. 

(2) Existing non-conforming uses and/or structures located on 
land below the level of the 100 Year Flood shall not be expanded 
vertically, horizontally, or otherwise unless [fully compliant] THE 
FOUNDATION SYSTEM IS CERTIFIED BY A PROFESSIONAL 
ENGINEER OR ARCHITECT AS CAPABLE OF SUPPORTING 
THE EXISTING BUILDING AND THE PROPOSED 
IMPROVEMENTS DURING THE 100 YEAR STORM AND ALL 
CONSTRUCTION IS IN FULL COMPLIANCE with this and all 
other applicable ordinances. 

Administrative Provisions 

7. Floodplain Variances. 

(a) Applications for variances may be considered by the Department of 
Planning, after a review by the City agencies responsible for 
storm water management and erosion control, for: 

(1) New construction of or substantial improvements to non- 
residential structures or portions thereof which will be 
floodproofed in a watertight fashion; 

(2) New construction of or substantial improvements to detached and 
attached garages which are used solely for storage or parking of 
vehicles and designed to automatically equalize hydrostatic 
pressures on walls by allowing for the entry and exit of 
floodwater and meet the requirements of Section 5(a)(14); 

[(3) New construction of or substantial improvements to 

structures or buildings to be erected on a lot of one-quarter acre 
or less in size contiguous to and surrounded by lots with existing 
structures constructed below the elevation of the 100 Year Flood;] 

[(4)] (3) Functionally dependent uses which cannot perform their 
intended purpose unless they are located or carried out in close 



363 



Ord. No. 135 



proximity to water. A functionally dependent use includes only 
docking facilities that are necessary for the loading and unloading of 
cargo or passengers, and ship building and ship repair facilities, and 
does not include long-term storage or related manufacturing facilities; 

[(5)] (4) Reconstruction, rehabilitation or restoration of structures 
listed in the National Register of Historic Places or State Inventory of 
Historic Places or the City Landmark List. 

[(6)] (5) All necessary utilities. 

(j) Notice of the flood hazard and the variance action shall be placed on 
the deed [or other documents which convey title of all newly or 
recorded properties] CONVEYING TITLE TO LAND ON WHICH 
CONSTRUCTION HAS OCCURRED HEREUNDER. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved November 18, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 135 

(Council Bill No. 249) 

AN ORDINANCE concerning 

UTILITY EASEMENT 
IN ANNE ARUNDEL COUNTY 

FOR the purpose of granting unto Anne Arundel County an easement for 
utilities in and through property situated in Anne Arundel County and 
owned by the Mayor and City Council of Baltimore. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of Baltimore 
be and it is hereby authorized to grant and to convey to Anne Arundel 
County, Maryland, its successors and assigns, the right to lay, construct, and 
maintain public utilities and their appurtenances in and through property 



364 



Ord. No. 135 



owned by the Mayor and City Council of Baltimore. Said property is situated 
in the Fifth Assessment District of Anne Arundel County, Maryland and is 
more particularly described as follows: 

BEGINNING at a point on the southeasterly right-of-way line of the ten 
(10) foot wide alley shown along Block 32 of Roland Terrace, Plat B, 
recorded in Plat Liber 2, Folio 21 among the land records of Anne Arundel 
County, said point being North 51 degrees 01 minutes 56 seconds East, a 
distance of 90.53 feet from the intersection of the southeasterly right-of-way 
of said ten (10) foot wide alley and the northeasterly right-of-way line of 
Fairfax Road (fifty (50) foot wide right-of-way), said Fairfax Road being Lots 
36 and 37, Block 32 of said Roland Terrace, Plat B, thence North 51 degrees 
01 minutes 56 seconds East, along the southeasterly right-of-way line of said 
ten (10) foot wide alley, a distance of 26.58 feet to a point for corner; thence 
along a new line crossing lands of the Grantor, the following six (6) courses 
and distances: (1) South 16 degrees 40 minutes 25 seconds West, a distance 
of 106.65 feet to a point for corner; (2) South 27 degrees 37 minutes 33 
seconds West, a distance of 106.79 feet to a point for corner; (3) South 54 
degrees 59 minutes 01 seconds West, a distance of 299.60 feet to a point for 
corner; (4) South 60 degrees 23 minutes 42 seconds West, a distance of 
324.79 feet to a point for corner; (5) South 66 degrees 58 minutes 26 seconds 
West, a distance of 203.81 feet to a point for corner; (6) South 63 degrees 25 
minutes 15 seconds West, a distance of 198.63 feet to a point for corner, said 
point being on the easterly line of a tract of land devised to Charles G.S. 
Waldschmidt, et al, as described in Last Will and Testament of Caroline S. 
Waldschmidt recorded in Register of Wills Liber G.W.N.5, Folio 41 and 
described in deed dated April 25, 1898 recorded in Liber G.W.9, Folio 437 
among the land records of Anne Arundel County; thence North 29 degrees 18 
minutes 04 seconds West, along the easterly line of said Charles G.S. 
Waldschmidt, et al, tract, a distance of 5.35 feet to a point for corner, said 
point being the southwest corner of an utility easement described in consent 
judgement and verdict in Anne Arundel County, Maryland vs. Lodge Forest 
Partnership dated May 17, 1978 and recorded in Liber 3081, Folio 777 
among the land records of Anne Arundel County; thence along the 
southeasterly line of said utility easement the following five (5) courses and 
distances: (1) North 64 degrees 06 minutes 46 seconds East, a distance of 
354.81 feet to a point for corner; (2) North 60 degrees 03 minutes 04 seconds 
East, a distance of 372.95 feet to a point for corner; (3) North 55 degrees 27 
minutes 38 seconds East, a distance of 299.35 feet to a point for corner; (4) 
North 27 degrees 15 minutes 21 seconds East, a distance of 97.40 feet to a 
point for corner; (5) North 38 degrees 58 minutes 04 seconds West, a 
distance of 2.51 feet to a point for corner, thence North 16 degrees 40 
minutes 25 seconds East, along a new line crossing lands of the Grantor, a 



365 



Ord. No. 135 



distance of 79.38 feet to the point of beginning, said utility easement being as 
shown on Plat dated June 14, 1991 for utility easement over lands of Mayor 
and City Council of Baltimore, Parcel No. 1, prepared for County of Anne 
Arundel, Department of Public Works by the Beavin company. Said plat 
being attached to and made part of this description. 

Containing 15,997 square feet or 0.367 acres of land. 

Being part of a 5 1 .360 acre tract of land described in deed to Mayor and 
City Council of Baltimore from the BEDCO Development Corporation dated 
July 7, 1986 and recorded in Liber 4292, Folio 546 among the land records 
of Anne Arundel County, Maryland. 

BEGINNING at a point on the southeasterly right-of-way line of the ten 
(10) foot wide alley shown along Block 32 of Roland Terrace, Plat B, 
recorded in Plat Liber 2, Folio 21 among the land records of Anne Arundel 
County, said point being North 51 degrees 01 minutes 56 seconds East, a 
distance of 239.38 feet from the intersection of the southeasterly right-of-way 
of said ten (10) foot wide alley and the northeasterly right-of-way line of 
Fairfax Road (fifty (50) foot wide right-of-way), said Fairfax Road formerly 
being Lots 36 and 37, Block 32 of said Roland Terrace, Plat B, thence North 
51 degrees 01 minutes 56 seconds East, along the southeasterly right-of-way 
line of said ten (10) foot wide alley, a distance of 65.84 feet to a point for 
corner; thence along a new line crossing lands of the Grantor, the following 
five (5) courses and distances: (1) North 64 degrees 12 minutes 08 seconds 
East, a distance of 89.21 feet to a point for corner; (2) North 59 degrees 42 
minutes 08 seconds East, a distance of 399.99 feet to a point for corner; (3) 
North 87 degrees 41 minutes 46 seconds East, a distance of 400.88 feet to a 
point for corner; (4) North 73 degrees 1 1 minutes 29 seconds East, a distance 
of 375.76 feet to a point for corner; (5) South 66 degrees 52 minutes 36 
seconds East, a distance of 17.71 feet to a point for corner; said point being 
on the northeasterly line of sixty-six (66) foot wide strip of land referenced in 
deed to the DWC Trust Holding Company from Ethel Chertkof Posnick, et 
al, dated December 6, 1982 and recorded in Liber 3563, Folio 29 among the 
land records of Anne Arundel County. The centerline of said sixty-six (66) 
foot wide strip of land being described in deed to Union Trust Company of 
Maryland from Isaac C. Rosenthal, et ux, dated September 21, 1928 and 
recorded in Liber S.C.L. 4940, Folio 107 among the deed records of 
Baltimore City. Thence South 23 degrees 07 minutes 24 seconds West along 
the northerly line of said sixty-six (66) foot wide strip of land, a distance of 
15.00 feet to a point for corner; thence along a new line of the Grantor, the 
following five (5) courses and distances: (1) North 66 degrees 52 minutes 36 
seconds West, a distance of 12.28 feet to a point for corner; (2) South 73 



366 



Ord. No. 135 



degrees 1 1 minutes 29 seconds West, a distance of 372.22 feet to a point for 
corner; (3) South 87 degrees 41 minutes 46 seconds West, a distance of 
399.05 feet to a point for corner; (4) south 59 degrees 42 minutes 08 seconds 
West, a distance of 396.84 feet to a point for corner; (5) South 64 degrees 12 
minutes 08 seconds West, a distance of 153.90 feet to the point or beginning, 
said utility easement being as shown on Plat dated June 14, 1991 for utility 
easement over lands of Mayor and City Council of Baltimore, Parcel No. 2, 
prepared for County of Anne Arundel, Department of Public Works by the 
Beavin Company. Said plat being attached to and made part of this 
description. 

Containing 16,634 square feet or 0.451 acres of land. 

Being part of a 51.360 acre tract of land described in deed to Mayor and 
City Council of Baltimore from the BEDCO Development Corporation dated 
July 7, 1986 and recorded in Liber 4292, Folio 546 among the land records 
of Anne Arundel County, Maryland. 

BEGINNING at a point on the boundary line between Anne Arundel 
County and Baltimore City, said point being the northwest corner of a 
14.0634 acre tract of land described in deed to Mayor and City Council of 
Baltimore from the Bedco Development Corporation dated July 7, 1986 and 
recorded in Liber S.E.B. 1170, Folio 179 among the land records of 
Baltimore City, said point also being on the southeasterly line of a sixty-six 
(66) foot wide strip of land referenced in deed to the DWC Trust Holding 
Company from Ethel Chertkof Posnick, et al, dated December 6, 1982 and 
recorded in Liber 3563, Folio 29 among the land records of Anne Arundel 
County. The centerline of said sixty-six (66) foot wide strip of land being 
described in deed to Union Trust Company of Maryland from Isaac C. 
Rosenthal, et ux, dated September 21, 1928 and recorded in Liber S.C.L. 
4940, Folio 107 among the deed records of Baltimore City, thence South 30 
degrees 50 minutes 14 seconds East, along said boundary line between Anne 
Arundel County and Baltimore City, a distance of 15.18 feet to a point for 
corner, thence along a new line crossing lands of the Grantors, the following 
three (3) courses and distances: (1) South 39 degrees 35 minutes 29 seconds 
West, a distance of 205.05 feet to a point for corner, (2) South 28 degrees 46 
minutes 15 seconds West, a distance of 406.08 feet to a point for corner, (3) 
North 66 degrees 52 minutes 36 seconds West, a distance of 14.29 feet to a 
point for corner, said point being on the southeasterly line of hereinbefore 
mentioned sixty-six (66) foot wide strip of land; thence along the 
southeasterly line of said sixty-six (66) foot wide strip of land the following 
two (2) courses and distances; (1) North 23 degrees 07 minutes 24 seconds 
East, a distance of 53.23 feet to a point for corner; (2) along a curve to the 






367 



Ord. No. 136 



right, said curve having a central angle of 20 degrees 13 minutes 17 seconds, 
a radius of 1604.02 feet, and arc length of 566.11 feet, a chord bearing of 
North 33 degrees 14 minutes 03 seconds East and chord distance of 563.18 
feet to the point of beginning, said utility easement being as shown on plat 
dated June 14, 1991 for utility easement over lands of Mayor and City 
Council of Baltimore, Parcel No. 3, prepared for the County of Anne 
Arundel, Department of Public Works by the Beavin Company. Said plat 
being attached to and made part of this description. 

Containing 12, 924 square feet or 0.297 acres of land. 

Being part of a 46.647 acre tract of land described in deed to Mayor and 
City Council of Baltimore from the BEDCO Development Corporation dated 
July 7, 1986 and recorded in Liber 4292, Folio 546 among the land records 
of Anne Arundel County, Maryland. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the exclusive use 
of said property is no longer needed for public use by the Mayor and City 
Council of Baltimore. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have first been 
approved by the City Solicitor. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 18, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 136 

(Council Bill No. 277) 
AN ORDINANCE concerning 

CITY PROPERTY SALE - 4703 AND 4705 PARKWOOD AVENUE 
FOR the purpose of authorizing the Mayor and City Council of 



368 



Ord. No. 137 



Baltimore to sell at either public or private sale all of the interest of the 
Mayor and City Council of Baltimore in and to certain parcels of land 
and improvements situated at 4703 and 4705 Parkwood Avenue, said 
parcels of land and improvements being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore City be and 
she is hereby authorized to sell, at either public or private sale in accordance 
with Article V, Section 5(b) of the City Charter (1964 Revision, as amended), 
all of the interest of the Mayor and City Council of Baltimore in and to 
certain parcels of land and improvements situated at 4703 and 4705 Parkwood 
Avenue and described as follows: 

4703 Parkwood Avenue, Block 5953E, Lot 0007J, 46' x 125* 

4705 Parkwood Avenue, Block 5953E, Lot 0007K, 46' x 125* 

Said property being no longer needed for public use. 

All courses and distances in the above description are referred to as true 
meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been first 
approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved November 18, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 137 
(Council Bill No. 321) 

369 



Ord. No. 137 



AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, 
CONSTRUCTION AND MAINTENANCE OF ROGERS AVENUE 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and City Council of Baltimore of the fee 
simple interests or such other interests as the Commissioner of the 
Department of Transportation may deem necessary or sufficient, in and 
to certain pieces or parcels of land situate in Baltimore City, for highway 
purposes, namely for the opening, widening, grading, construction and 
maintenance of Rogers Avenue extending from Greenspring Avenue to 
Northern Parkway and authorizing the acquisition by purchase or 
condemnation of any property, rights, interests, easements and/or 
franchises necessary for the opening, grading, construction and 
maintenance of said Rogers Avenue; and authorizing the making of all 
necessary agreements concerning said Rogers Avenue; and authorizing 
the construction of said Rogers Avenue; the location and course being 
shown on plats thereof numbered 117-C-58 Sheets 1. through 4 of 8, filed 
in the office of the Director of the Department of Public Works on the 
Twenty-second (22nd) day of November in the year of 1989 and revised 
through the Third (3rd) day of March in the year of 1992 and R.W. 20- 
35756 filed in the office of the Director of the Department of Public 
Works on the Twenty-sixth (26th) day of March in the year of 1991 and 
revised through the Twenty-second (22nd) day of April in the year of 
1991 prepared by the Survey Control Section of the Department of 
Public Works. 

BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2, 34 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is necessary to acquire by purchase or 
condemnation for public highway purposes, namely, for the opening, 
widening, grading, construction and maintenance of Rogers Avenue extending 
from Greenspring Avenue to Northern Parkway, the fee simple interests or 
such other interests as the Commissioner of the Department of Transportation 
may deem necessary in and to the pieces or parcels of land, situate in 
Baltimore City, including the improvements thereon, bounded as follows: 



370 



Ord. No. 137 



1 . Beginning for the same at a point formed by the intersection of the 
west side of Wexford Road, 35 feet wide, and the northwest side of Rogers 
Avenue, 40 feet wide, and running thence binding on the northwest side of 
said Rogers Avenue, South 65°-33*-40" West 10.00 feet to intersect the 
southwest side of Rogers Avenue as realigned and widened on the northwest 
side thereof from its former width of 40 feet to a varying width; thence 
binding on last said Rogers Avenue the three following courses and distances; 
namely, North 24°-26'-20" West 1.00 feet, North 65°-33'-40" East 1.15 feet, 
and by a line curving to the left with a radius of 9.33 feet the distance of 
12.08 feet which arc is subtended by a chord bearing North 28°-27'-40" East 
11.26 feet to intersect the west side of Wexford Road as realigned and 
widened on the west side thereof from its former width of 35 feet to a width 
of 37 feet; thence binding on the west side of last said Wexford Road, North 
08°-38'-20" West 14.47 feet to intersect the north side of Wexford Road, as 
realigned and widened on the west side thereof from its former width of 35 
feet to a varying width; thence binding on the north side of last said Wexford 
Road, North 81°-2r-40" East 2.00 feet to intersect the west side of Wexford 
Road, mentioned firstly herein, and thence binding on the west side of 
Wexford Road, mentioned firstly herein, South 08°-38*-20" East 22.00 feet to 
the place of beginning. 

Containing 62.12 square feet of land. 

All as shown on the plat numbered 1 17-C-58 Sheet 1 of 8. 

2. Beginning for the same at the point formed by the intersection of the 
northwest side of Rogers Avenue, 40 feet wide, and the east side of Wexford 
Road, 35 feet wide, and running thence binding on the east side of said 
Wexford Road, North 08°-38*-20" West 5.00 feet to intersect the northeast 
side of Rogers Avenue as realigned and widened on the northwest side thereof 
from its former width of 40 feet to a varying width; thence binding on the 
northeast side of last said Rogers Avenue, South 61°-32*-20" East 6.03 feet 

to intersect the northwest side of Rogers Avenue, mentioned firstly herein, 
and thence binding on the northwest side of Rogers Avenue, mentioned firstly 
herein South 65°-33'-40" West 5.00 feet to the place of beginning. 

Containing 12.03 square feet of land. 

All as shown on the plat numbered 117-C-58 Sheet 2 of 8. 

3. Beginning for the same at the point formed by the intersection of the 
west side of South Bend Road, 37.5 feet wide, and the northwest side of 



371 



Ord. No. 137 



Rogers Avenue, 40 feet wide, and running thence binding on the northwest 
side of said Rogers Avenue, South 65°-33*-40" West 20.78 feet to intersect 
the northwest side of Rogers Avenue as realigned and widened on the 
northwest side thereof from its former width of 40 feet to a varying width; 
thence binding on the northwest side of last said Rogers Avenue by a line 
curving to the left with a radius of 30.33 feet the distance of 33.27 feet which 
arc is subtended by a chord bearing North 34°-08'-20" East 31.63 feet to 
intersect the north side of South Bend Road, as realigned and widened on the 
west side thereof from its former width of 37.5 feet to a varying width; 
thence binding on the north side of last said South Bend Road, South 87°-17'- 
00" East 2.00 feet to intersect the west side of South Bend Road, mentioned 
firstly herein, and thence binding on the west side of South Bend Road, 
mentioned firstly herein, South 02°-43'-00" West 17.50 feet to the place of 
beginning. 

Containing 93.54 square feet of land. 

All as shown on the plat numbered 117-C-58 Sheet 3 of 8. 

4. Beginning for the same at the point formed by the intersection of the 
northwest side of Rogers Avenue, 40 feet wide, and the east side of South 
Bend Road, 37.5 feet wide, and running thence binding on the east side of 
said South Bend Road, North 02°-43*-00" East 10.00 feet to intersect the 
northeast side of Rogers Avenue as realigned and widened on the northwest 
side thereof from its former width of 40 feet to a varying width; thence 
binding on the northeast side of last said Rogers Avenue, South 74°-09*-06" 
East 13.68 feet to intersect the northwest side of Rogers Avenue, mentioned 
firstly herein, and thence binding on the northwest side of Rogers Avenue, 
mentioned firstly herein, South 65°-22*-00" West 15.00 feet to the place of 
beginning. 

Containing 66.62 square feet of land. 

All as shown on the plat numbered 117-C-58 Sheet 4 of 8. 

5. A 20 foot wide easement for municipal utilities and services, bounded 
as follows: 

Beginning for the same at a point on the north side of Carterdale Road, 
varying in width, said point of beginning being the beginning of the second 
line of the parcel of land known as No. 2012 W. Rogers Avenue conveyed by 
the Carville Land Co. to Nick A. Lalich and Wife by deed dated March 19, 
1965 and recorded among the Land Records of Baltimore City in Liber 



372 



Ord. No. 137 



J.F.C. No. 1857, Folio 369, and running thence binding on the north side of 
said Carte rdale Road, Westerly by a line curving to the right with a radius of 
400.42 feet the distance of 20 feet, more or less, to intersect a line drawn 
parallel with and distant 20.00 feet westerly measured at right angles from the 
second line of said deed; thence binding on said line so drawn and for straight 
lines through the property now or formerly owned by Efrem M. Potts and 
Wife the two following courses and distances; namely, North ll°-44*-50" 
West 296.91 feet and North 78°-15'-10" East 20.00 feet to intersect the line 
of the second line of said deed, if projected northerly, and thence binding in 
part reversely on said line so projected through the property now or formerly 
owned by Efrem M. Potts and Wife, in part reversely on the second line of 
said deed to the beginning thereof, and in all, South ll°-44*-50" East 297 
feet, more or less, to the place of beginning. 

Containing 5,936 square feet, more or less, or 0.136 acre of land, more 
or less. 

All as shown on the plat numbered R.W. 20-35756 

All courses and distances in the above descriptions are referred to as true 
meridian as adopted by the Baltimore Survey Control System. 

Including all property, rights, interests, easements and/or franchises 
necessary for the opening, widening, grading, construction and maintenance 
of said Rogers Avenue, the location and course of said Rogers Avenue being 
shown on plats thereof numbered 117-C-58 Sheets 1 through 4 of 8, filed in 
the office of the Director of The Department of Public Works on the Twenty- 
second (22nd) day of November in the year of 19 89, and revised through the 
Third (3rd) day of March in the year of 1992 and R.W. 20-35756 filed in the 
office of the Director of the Department of Public Works on the Twenty-sixth 
(26th) day of March in the year of 1991 and revised through the Twenty- 
second (22nd) day of April in the year 1991, prepared by the Survey Control 
Section of the Department of Public Works. 

Any mention or reference to any streets, roads, avenues, highways or 
alleys in this Ordinance or on the plats referred to herein are for the purpose 
of description only, and shall not be held or taken to be any evidence 
whatever that said streets, roads, avenues, highways, alleys or any of them, 
are public, dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Commissioner 
of the Department of Transportation or the person or persons the Board of 
Estimates of Baltimore City may hereafter from time to time designate, is or 



373 



Ord. No. 137 



are hereby authorized to acquire on behalf of the Mayor and City Council of 
Baltimore, and for the purposes described in this Ordinance, the fee simple 
interests or such other interests as the said Commissioner may deem necessary 
or sufficient, in and to said pieces or parcels of land and improvements 
thereupon, including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading construction and 
maintenance of said Rogers Avenue. If the said Commissioner of the 
Department of Transportation, or person or persons the Board of Estimates of 
Baltimore City may designate are unable to agree with the owner or owners 
on the purchase price of any of the said pieces or parcels of land and 
improvements thereupon or for any of the said properties, rights, interests, 
easements and/or franchises, they shall forthwith notify the City Solicitor of 
Baltimore City who shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interests or such other rights, interests, 
easements and/or franchises as the said Commissioner may deem necessary or 
sufficient for the purposes of said Rogers Avenue. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings 
for the acquisition by condemnation of the property and rights herein 
described and the rights of all parties interested or affected thereby shall be 
regulated by and be in accordance with the provisions of the Real Property 
Article of the Annotated Code of Maryland (1974), Title 12, Section 101 Et 
Seq. and any and all amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Commissioner of the Department of Transportation or person or persons the 
Board of Estimates of Baltimore City may designate are also hereby 
authorized to negotiate for and to enter into the name of the Mayor and City 
Council of Baltimore, any and all necessary agreements with the federal and 
state governments, or any of their agencies, and any other persons, firms or 
corporations, in aid of, in furtherance of, or in connection with said Rogers 
Avenue; all such acquisitions and agreements to be subject to the approval of 
the Board of Estimates. 

SEC. 5. AND BE IT FURTHER ORDAINED, That after the necessary 
agreements have been made and the necessary properties, lands, rights, 
easements and/or franchises have been acquired as hereinbefore provided, the 
Commissioner of the Department of Transportation of Baltimore City is 
hereby authorized and directed to construct or cause to be constructed the 
said Rogers Avenue, all in accordance with detailed plans hereafter to be 
prepared therefor and after said plans have been approved by said 
Commissioner of the Department of Transportation. 



374 



Ord. No. 138 



SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved November 18, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 138 

(Council Bill No. 268) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - APPLETON STREET 

FOR the purpose of repealing Ordinance No. 721, approved June 30, 

1986, which provided for reserved handicapped parking on the west side 
of Appleton Street, north of Lanvale Street for Aileen West. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 721, approved June 30, 
1986, is hereby repealed and the authorization for reserved handicapped 
parking on the west side of Appleton Street, north of Lanvale Street for 
Aileen West therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 139 
(Council Bill No. 269) 



375 



Ord. No. 140 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CHRISTIAN STREET 

FOR the purpose of repealing Ordinance No. 62, approved April 27, 

1988, which provided for reserved handicapped parking on the south side 
of Christian Street east of Bentalou Street, for Catherine E. Rausch. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 62, approved April 27, 
1988, is hereby repealed and the authorization for reserved handicapped 
parking on the south side of Christian Street east of Bentalou Street for 
Catherine E. Rausch therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 140 

(Council Bill No. 270) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - JEFFERSON STREET 

FOR the purpose of repealing Ordinance No. 629, approved April 24, 

1986, which provided for reserved handicapped parking on the south side 
of Jefferson Street east of the 1st Alley east of Glover Street for Louis 
Libercci. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 629, approved April 24, 
1986, is hereby repealed and the authorization for reserved handicapped 
parking on the south of Jefferson Street east of the 1st Alley east of Glover 
Street for Louis Libercci therein provided, is hereby rescinded. 



376 



Ord. No. 141 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 141 

(Council Bill No. 281) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - GAY STREET 

FOR the purpose of repealing Ordinance No. 1074, approved October 

16, 1987, which provided for reserved handicapped parking on the west 
side of Gay Street south of the 1st alley south of Preston Street for Paul 
Jones. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 1074, approved October 
16, 1987, is hereby repealed and the authorization for reserved handicapped 
parking on the west side of Gay Street south of the 1st alley south of Preston 
Street for Paul Jones therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 142 
(Council Bill No. 282) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - WOODBOURNE AVENUE 

377 



Ord. No. 143 



FOR the purpose of repealing Ordinance No. 838, approved December 8, 

1986, which provided for reserved handicapped parking on the south side 
of Woodbourne Avenue east of Hi lien Road for Walter Washel. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 838, approved December 
8, 1986, is hereby repealed and the authorization for reserved handicapped 
parking on the south side of Woodbourne Avenue east of Hillen Road for 
Walter Washel therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 143 

(Council Bill No. 300) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - DUDLEY AVENUE 

FOR the purpose of repealing Ordinance No. 901, approved March 27, 

1987, which provided for reserved handicapped parking on south side of 
Dudley Avenue east of the 1st Alley east of Shannon Drive for Josephine 
Butta. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 901, approved March 27, 
1987, is hereby repealed and the authorization for reserved handicapped 
parking on the south side of Dudley Avenue east of the 1st Alley east of 
Shannon Drive for Josephine Butta therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



378 






Ord. No. 144 

CITY OF BALTIMORE 

ORDINANCE NO. 144 

(Council Bill No. 301) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - HARGROVE ALLEY 

FOR the purpose of repealing Ordinance No. 177, approved November 1, 
1988, which provided for reserved parking for the vehicles of the State's 
Attorney's Office on the west side of Hargrove Alley between Clay 
Street and Dark Lane. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 177, approved November 
1, 1988, is hereby repealed and the authorization for reserved parking for 
vehicles of the State's Attorney's Office on the west side of Hargrove Alley 
between Clay Street and Dark Lane therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 145 

(Council Bill No. 302) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - ST. PAUL STREET 

FOR the purpose of repealing Ordinance No. 306, approved March 12, 1985, 
which provided for reserved parking for the State's Attorney on the west 
side of St. Paul Street (lower level) north of Lexington Street. 



379 



Ord. No. 146 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 306, approved March 12, 
1985, is hereby repealed and the authorization for reserved parking for the 
State 's Attorney on the west side of St. Paul Street (lower level ) north of 
Lexington Street therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 146 

(Council Bill No. 319) 

AN ORDINANCE concerning 

FRANCHISE - BRIDGEWAY OVER WAXTER WAY 

FOR the purpose of granting permission and authority to Most 

Worshipful Hiram Grand Lodge A.F. & A.M., Inc., to construct and 
maintain a bridgeway over Waxter Way. 

BY authority of 

Article VIII - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority are hereby 
granted to Most Worshipful Hiram Grand Lodge A.F. & A.M., Inc., their 
tenants, successors, and assigns, hereinafter referred to as the "Grantee" to 
construct, use, and maintain, at its own cost and expense, for a period not to 
exceed twenty-five (25) years, a two-story bridgeway across Waxter Way 
between Eutaw Place and Jordan Street, as hereinafter more particularly 
described: 

A two-story high bridgeway above and across Waxter Way to serve as a 
connecting lounge and reading room, with ceiling heights not less than seven 
(7) feet clear. The bridge will connect a proposed new Masonic Lodge 



380 



Ord. No. 146 



building on the northeast side of Waxter Way, also known as 1207 Eutaw 
Place, and a proposed new addition on the rear of the existing Most 
Worshipful Hiram Grand Lodge A.F. & A.M., Inc., also known as 1201- 
1205 Eutaw Place; beginning at the northeast building line of Waxter Way 
and extending southeasterly approximately twenty (20) feet across the entire 
width of Waxter Way. 

The lowest part of said bridgeway shall not be less than 22 feet above 
the surface of Waxter Way, shall extend twenty (20) feet across the width of 
Waxter Way, and be approximately 18 feet 6 inches wide. 

The center line of said bridgeway shall be located approximately fifty- 
three (53) feet northeast of the building line of Eutaw Place. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed within six (6) 
months after the grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the two-story 
bridgeway shall be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the two-story bridgeway 
shall be under the supervision of the Grantee and shall be at all times 
hereafter subject to the regulation and control of the Commissioner of the 
Department of Housing and Community Development and the Director of the 
Department of Public Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the two-story bridgeway in good condition throughout the full 
term of this grant, so long as it exists at the location described herein. In the 
event the said two-story bridgeway must be readjusted, relocated, protected, 
or supported to accommodate a public improvement, the Grantee shall pay all 
costs in connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the Mayor and City Council of 
Baltimore, as compensation for the franchise or privilege hereby granted, the 
sum of $3,426.50 per year, payable in advance during the continuance of this 
franchise or privilege, or any renewal thereof; and subject to the increase or 
decrease of this charge as provided in Section 6 herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves that right and power, at 
all times, to exercise, in the interest of the public, full municipal 



381 



Ord. No. 146 



superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms thereof. The franchise 
herein granted shall be held, exercised, and enjoyed for a period of one year 
from the effective date of this ordinance, with the further right to the Grantee 
to twenty-four (24) consecutive one-year renewals of the franchise, each such 
renewal to be for a period of one year, upon the same terms and conditions as 
the original one year grant, except as otherwise provided herein. Each one 
year renewal period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being taken on 
behalf of either the Mayor and City Council of Baltimore or the Grantee, by 
the total period of time during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, in the aggregate 
twenty-five years. Provided, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least one hundred and 
fifty (150) days prior to the expiration of the original one year term, granted 
herein, or any yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective after any increase or 
decrease in said franchise charge has occurred. Provided further, that either 
the Mayor and City Council of Baltimore, acting by and through the Director 
of Public Works, or the Grantee may terminate the franchise granted herein, 
by giving written notice to that effect to the other, at least ninety (90) days 
prior to the expiration of the original one year term granted herein or any one 
year renewal term herein granted and then in effect. 

SEC. 7. AND BE IT FURTHER ORDAINED, That noncompliance by 
the Grantee with any of the terms or conditions of the grant hereby made 
shall, at the option of the Mayor and City Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior notice, at any time 
or times, the rights and privileges hereby granted when, in his judgment, the 
public interest, welfare, safety, or convenience requires such revocation and, 
upon written notice to that effect from the Mayor of Baltimore served upon 
the Grantee hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 



382 



Ord. No. 147 



SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination for any reason whatsoever of the rights 
and privileges by this ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, remove the structures for 
which the franchise is herein granted in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, and the 
Director of Public Works of Baltimore City, such removal to be made without 
any compensation to the Grantee, its successors and assigns, and to be 
completed within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suits, 
losses, costs, claims, damages, or expenses to which the said Mayor and City 
Council of Baltimore shall from time to time be subjected on account of, or in 
any way resulting from: 

a. The presence, construction, use, operation, maintenance, alteration, 
repair, location, relocation, or removal of the structures for which the 
franchise is herein granted; and 

b. Any failure on the part of said Grantee, its successors and assigns, to 
perform, promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 147 

(Council Bill No. 307 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
MOUNT CLARE JUNCTION 



383 



Ord. No. 147 



FOR the purpose of approving the application of P-M Baltimore Limited, a 
Tennessee Limited Partnership, to amend the Business Planned Unit 
Development approved by Ordinance 711, approved June 27, 1986, 
known generally as the Mount Clare Junction Planned Development; and 
to approve the amended Development Plan submitted by the applicant. 

BY adding 

Article 30 - Zoning 

Chapter 12 - Planned Developments 

Sections 12.0-1, 12.0-4 

Baltimore City Code (1983 Replacement Volume, as amended) 

ARTICLE 30 - ZONING 

WHEREAS, By Ordinance 711, approved June 27, 1986, the application 
of P-M Baltimore Limited to have the property on the site of the Mount Clare 
Yards of the B & O Railroad designated a Business Planned Unit 
Development in accordance with Sections 12.0-1 and 12.0-4 of Article 30 of 
the Baltimore City Code (1983 Replacement Volume, as amended); and the 
Development Plan submitted by P-M Baltimore was approved; and 

WHEREAS, P-M Baltimore Limited now wishes to lease space in the 
shopping center for a liquor store and Ordinance 711, approved June 27, 
1986, prohibits that use in the development; and 

WHEREAS, The representatives of P-M Baltimore Limited hereby make 
formal application to the Baltimore City Council and submit the requisite 
amended development plan; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the amended Development Plan 
submitted by P-M Baltimore Limited be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That Sec. 3-a of 
Ordinance 711, approved June 27, 1986, be and it is hereby amended as 
follows: 

"SEC. 3. AND BE IT FURTHER ORDAINED, That in 
accordance with the provisions of Section 12.0-4(a), the following uses 
are permitted within the Planned Business Unit Development: 



384 



Ord. No. 147 



a. All uses permitted by the provisions of Article 30, Section 
6.2- 1(b), except: blood donor centers, hotels, motels, [liquor 
stores,] and religious institutions,". 

b. In addition: 

11 A. LIQUOR STORES - PROVIDED THAT ««¥ 
DQi NOT SELL MINIATURES, SINGLES CANS OR 
BOTTLES OF BEER, OPERATE BEFORE 9 A.M. OR 
AFTER 10 P.M., AND OCCUPY PREMISES LESS 
THAN 1200 SQUARE FEET." 

£1} THEY DO NOT SELL MINIATURES. 
SINGLE CANS. BOTTLES OF BEER. 
FORTIFIED WINE (GREATER THAN 22% 
ALCOHOL BY VOLUME). LIQUOR 
CONTAINERS LESS THAN 500 M.L. IN 
SIZE. OR LIQUOR ON SUNDAY: 

(2) THEY DO NOT OPERATE BEFORE 9 A.M. 
OR AFTER 10 P.M.: 

(3) THEY DO NOT OCCUPY PREMISES LESS 
THAN 2500 SQUARE FEET: 

(4) THE LOCATION OF THE LIQUOR STORE IS 
RESTRICTED TO THE SOUTHWESTERN 
PORTION OF THE SHOPPING CENTER 
LABELED RETAIL SHOPS SECTION "C: 

15) IN ADDITION. ONLY ONE CLASS A BEER. 
WINE AND LIQUOR (OFF SALE) LICENSE 
IS PERMITTED IN THE PLANNED UNIT 
DEVELOPMENT: ANY OTHER LIQUOR 
LICENSE GRANTED IN THE 
DEVELOPMENT SHALL BE LIMITED TO A 
CLASS B (ON-SALE) BEER AND LIGHT 
WINE LICENSE. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this Ordinance by the City Council, as evidence of the authenticity of the 
amended Development Plan which is a part hereof and in order to give notice 
to the departments which are administering the Zoning Ordinance, the 



385 



Ord. No. 148 



President of the City Council shall sign the amended Development Plan, and 
when the Mayor approves the Ordinance, he shall sign the amended 
Development Plan. The Director of Finance shall then transmit a copy of the 
Ordinance and the amended Development Plan to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the Commissioner 
of the Department of Housing and Community Development, the Supervisor 
of Assessments for Baltimore City, the Board of Liquor License 
Commissioners of Baltimore City, and the Zoning Administrator. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved November 21, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 148 

(Council Bill No. 257) 

AN ORDINANCE concerning 

REZONING - 2108-2128 BOSTON STREET 

FOR the purpose of changing the zoning for the property known as 

2108-2128 Boston Street from the M-2-2 Zoning District to the 8-3-4 R; 
8 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 57 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 57 of the Zoning District 
Maps of Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by changing 
from the M-2-2 Zoning District to the B-3-4 Rj* Zoning District the property 
known as 2108-2128 Boston Street, as outlined in red on the amended p lat 
accompanying this ordinance. 



386 



Ord. No. 149 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the authenticity of the plat 
which is a part hereof and in order to give notice to the departments which 
are administering the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordinance, he shall sign 
the plat. The Director of Finance shall then transmit a copy of the ordinance 
and one of the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved December 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 149 

(Council Bill No. 291) 
AN ORDINANCE concerning 

CITY REAL ESTATE APPRAISALS 

FOR the purpose of requiring certain real estate appraisals to be done by 
certified or licensed real estate appraisers. 

BY adding 

Article 1 - Mayor, City Council and Municipal Agencies 
Section 232 - to come under new subtitle, "Real Estate 

Appraisals" 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL AND MUNICIPAL AGENCIES 



387 



Ord. No. 150 

REAL ESTATE APPRAISALS 

232. REAL ESTATE APPRAISALS. 

WHERE THE CITY IS REQUIRED BY LAW OR CONTRACT TO 
SUBJECT REAL PROPERTY TO AN APPRAISAL, THAT APPRAISAL 
SHALL BE PERFORMED BY A REAL ESTATE APPRAISER WHO IS 
CERTIFIED OR LICENSED UNDER THE PROVISIONS OF TITLE 15.5 - 
"REAL ESTATE APPRAISERS" OF THE BUSINESS OCCUPATIONS 
AND PROFESSIONS ARTICLE OF THE ANNOTATED CODE OF 
MARYLAND. THE PROVISIONS OF THIS SECTION SHALL NOT 
APPLY TO APPRAISALS CONDUCTED OR ORDERED ON OR 
BEFORE THE DATE OF ENACTMENT OF THIS ORDINANCE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved December 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 150 

(Council Bill No. 309) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - JOSEPH COPSEY FIELD 

FOR the purpose of naming the baseball field in Ellwood Park the 
Joseph Copsey Field. 

BY authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Subtitle - Naming City Property 

Section 229 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the baseball field located in Ellwood 



388 



Ord. No. 151 



Park located in the 3000 block of Jefferson Street be and it is hereby named 
the Joseph Copsey Field. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved December 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 151 

(Council Bill No. 328) 

AN ORDINANCE concerning 

RESERVED PARKING - WYMAN PARK DRIVE 

FOR the purpose of continuing to provide for reserved parking on Wyman 
Park Drive, between 29th Street and Howard Street, between the hours 
of 8:30 a.m. and 4:30 p.m., Monday through Friday, for the staff of the 
Baltimore Museum of Art for a certain period of time and to develop 
long-term parking alternatives. 

PREAMBLE 

WHEREAS, The Wyman Task Force Report in part addresses the issue 
of parking for patrons and staff of the Baltimore Museum of Art; and 

WHEREAS, The Report recommends and the Baltimore Muooum of Art 
and the Community agree that Art Museum Drive bo oonvortod into a parking 
plaza for patrons and staff; and 

WHEREAS. Because construction has deprived the Museum of 
approximately 55 parking spaces, reserved parking will be provided for the 
staff of the Baltimore Museum of Art on both sides of that portion of Wyman 
Park Drive between 29th Street and Howard Street generally known as the 
"connector:" and 



389 



Ord. No. 152 



WHEREAS, A new wing for the Museum is currently under 
construction, and it is expected to be completed mid-1994; and 

WHEREAS, Until the new wing is completed, reserved parking will be 
provided for the staff of the Baltimore Museum of Art on both sides of that 
portion of Wyman Park Drive between 29th Street and Howard Street 
generally known as the "connector"; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That on both oidoo the east side of Wyman 
Park Drive between from a point 100 feet north of 29th Street aad to Howard 
Street, and on the west side of Wyman Park Drive from 29th Street to 
Howard Street, between the hours of 8:30 a.m. and 4:30 p.m., Monday 
through Friday, parking is reserved for the staff of the Baltimore Museum of 
Art, displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the provioiono of 
Sootion 1 shall remain in full foroo and of foot until the oomplotion of the 
oonotruotion of the now wing of the Baltimore Muooum of Art and the 
oonvoroion of Art Muooum Drive into a parking plaza for patrono and staff of 
the Muooum. 

SEC. 2. AND BE IT FURTHER ORDAINED, That all efforts will be 
undertaken by the City, the community and the Museum to move forward 
with the process begun by the Wyman Park Dell Task Force to explore and 
implement alternative parking solutions for the Museum. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 152 
(Council Bill No. 346) 
AN ORDINANCE concerning 



390 



Ord. No. 153 



CITY BRIDGE - CHANGE OF NAME 

FOR the purpose of changing the name of Hamburg Street Bridge to 
the Mildred Moon Memorial Bridge. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the name of the Hamburg Street Bridge 
be and it is hereby changed and shall hereafter be known as the Mildred 
Moon Memorial Bridge. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved December 9, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 153 

(Council Bill No. 347) 

AN ORDINANCE concerning 

CITY BRIDGE - CHANGE OF NAME 

FOR the purpose of changing the name of Hanover Street Bridge to the 
Vietnam Veterans Memorial Bridge. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the name of the Hanover Street Bridge 
be and it is hereby changed and shall hereafter be known as the Vietnam 
Veterans Memorial Bridge. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved December 9, 1992 

KURT L. SCHMOKE, Mayor 



391 



392 






Res. No. 1 

CITY OF BALTIMORE 

RESOLUTION NO. 1 

(Council Bill No. 20) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

MARYLAND INDUSTRIAL DEVELOPMENT FINANCING 

AUTHORITY REVENUE BONDS 

CITY CRESCENT LIMITED PARTNERSHIP - 

$38,000,000 

FOR the purpose of approving the issuance and sale by the Maryland 

Industrial Development Financing Authority, pursuant to the Maryland 
Economic Development Revenue Bond Act and the Maryland Industrial 
Development Financing Authority Act, of one or more series of its 
limited obligation economic development revenue bonds in an aggregate 
principal amount not to exceed $38,000,000 for the purpose of financing 
the costs of acquisition (as defined in such Acts) by City Crescent 
Limited Partnership, a Maryland limited partnership, of a certain facility 
(as defined in such Acts) located within the geographical boundaries and 
jurisdiction of Baltimore City, Maryland, the acquisition of which facility 
consists of and includes (a) the acquisition of three parcels of land 
containing in the aggregate approximately 32,763 square feet located at 
the southwest corner of Howard and Baltimore Streets in Baltimore City, 
Maryland, (b) the construction on such land of an eleven-story masonry 
and steel building containing approximately 333,217 gross square feet of 
office, parking and commercial retail space, (c) the acquisition and 
installation of certain necessary or useful fixtures, equipment and 
machinery and (d) the acquisition of such other interests in land as may 
be necessary or suitable for the foregoing, including, without limitation, 
roads, rights of access, utilities and other site preparation facilities, 
which facility shall be leased to the United States of America acting 
through the General Services Administration and to other tenants not yet 
identified; specifying and describing such facility; generally describing 
the public purpose to be served by such facility; specifying and 
describing various matters in connection therewith; and relating generally 
thereto. 



393 



Res. No. 1 



RECITALS 

The Maryland Industrial Development Financing Authority Act (the 
"MIDFA Act"), provides that in order to accomplish the purposes of the 
MIDFA Act, the Maryland Industrial Development Financing Authority (the 
"Authority"), on behalf of the State of Maryland (the "State"), may issue and 
sell bonds as provided in and in accordance with the Maryland Economic 
Development Revenue Bond Act (the "Revenue Bond Act"). The MIDFA 
Act and the Revenue Bond Act are herein sometimes collectively referred to 
as the "Acts". The MIDFA Act further provides that the Authority may 
accomplish the acquisition of one or more facilities from the proceeds of the 
sale of its bonds by one or more of the methods described in the Revenue 
Bond Act. 

Section 13-138(e) of the MIDFA Act provides that prior to the issuance 
and sale of bonds by the Authority, the legislative body of the county or 
municipality in which the facility (as defined in the Acts) to be financed with 
the proceeds of the bonds is to be located shall adopt a resolution which shall 
(a) be administrative in nature, not subject to the procedures required for 
legislative acts and not subject to referendum, (b) specify and describe the 
facility, and (c) generally describe the public purpose to be served by the 
facility. 

City Crescent Limited Partnership, a Maryland limited partnership (the 
"Applicant"), had requested the Mayor and City Council of Baltimore, a body 
politic and corporate and a political subdivision of the State and a county and 
a public body within the meaning of the Acts (the "City"), to approve the 
issuance by the Authority of its bonds in an aggregate principal amount not to 
exceed $38,000,000 to provide for the financing of the costs of acquisition by 
the Applicant of a certain facility located within the geographical boundaries 
and jurisdiction of the City (the "Facility") and more particularly described 
below. 

The City has determined, based upon the findings and determinations 
hereinafter set forth, that it is in the best interests of the citizens of the City 
that the City approve the financing by the Authority of the costs of acquisition 
by the Applicant of the Facility by approving the issuance and sale by the 
Authority, pursuant to the Acts, at any time and from time to time, of one or 
more series of its limited obligation economic development revenue bonds in 
an aggregate principal amount not to exceed $38,000,000. 



394 



Res. No. 1 



NOW, THEREFORE, PURSUANT TO AND IN ACCORDANCE 
WITH THE ACTS: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That all words and terms used in this 
Resolution (including the Recitals set forth above) that are defined or used in 
the Acts shall have the meaning indicated in the Acts, unless the context 
clearly requires a contrary meaning. 

SEC. 2. AND BE IT FURTHER RESOLVED, That the Facility shall 
consist of: 

(a) the acquisition of three parcels of land containing in the 
aggregate approximately 32,763 square feet located at the southwest corner of 
Howard and Baltimore Streets in the City; 

(b) the construction on such land of an eleven-story masonry and 
steel building containing approximately 333,217 gross square feet of office, 
parking and commercial retail space; 

(c) the acquisition and installation of certain necessary or useful 
fixtures, equipment and machinery; and 

(d) the acquisition of such other interests in land as may be 
necessary or suitable for the foregoing, including, without limitation, roads, 
rights of access, utilities and other site preparation facilities. 

The Facility will be leased by the Applicant to the United States of 
America acting through the General Services Administration and to other 
tenants not yet identified. 

SEC. 3. AND BE IT FURTHER RESOLVED, That it is hereby found 
and determined that the Facility and the financial assistance to be provided by 
the Authority, as described in this Resolution, will fulfill, accomplish and 
promote the declared public purposes of the Acts, which are to (a) relieve 
conditions of unemployment in the State, (b) encourage the increase of 
industry and commerce and a balanced economy in the State, (c) assist in the 
retention of existing industry and commerce and in the attraction of new 
industry and commerce in the State, (d) promote economic development in the 
State and (e) generally promote the health, welfare, and safety of the residents 
of each of the counties and municipalities of the State. Specifically, it is 
hereby found and determined that the financing of the costs of acquisition of 



395 



Res. No. 1 



the Facility by the Applicant will increase employment in the City during the 
construction period. Accordingly, it is in the interest of the public welfare of 
the citizens of the State and of the City that the City approve the issuance by 
the Authority of its bonds for the purpose of financing the costs of acquisition 
of the Facility. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the City hereby 
approves the issuance and sale by the Authority at any time and from time to 
time of one or more series of its limited obligation economic development 
revenue bonds in an aggregate principal amount not to exceed $38,000,000 
(the "Bonds"), the proceeds of any series of which may be used by the 
Authority to make a loan to the Applicant, the proceeds of which loan shall 
be used by the Applicant to finance the costs of acquisition of the Facility. 

SEC. 5. AND BE IT FURTHER RESOLVED, That (a) the Bonds and 
the interest thereon will be limited obligations of the Authority, payable solely 
from revenues or moneys to be received by the Authority in connection with 
the financing of the costs of acquisition of the Facility or from any other 
funds provided therefor, (b) the Bonds will not constitute an indebtedness to 
which the faith and credit of the State, the Department of Economic and 
Employment Development of the State (the "Department"), the Authority, the 
City or any other public body is pledged, and (c) neither the Bonds nor the 
interest thereon shall ever constitute an indebtedness or a charge against the 
general credit or taxing powers of the State, the Department, the Authority, 
the City or any other public body and neither shall ever constitute or give rise 
to any pecuniary liability of the State, the Department, the Authority, the City 
or any other public body. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the Bonds shall be 
authorized, issued, sold and delivered without direct or indirect cost to the 
City, and to that end, the Applicant shall pay all necessary expenses of 
preparing, printing, selling and issuing the Bonds and all other costs 
contemplated and permitted by the Acts, including, without limitation, any 
and all costs, fees and expenses (including, without limitation, any attorneys' 
fees) incurred by or on behalf of the City in connection with this Resolution 
or the publication of notices of any public hearings to be held in connection 
herewith, whether or not the proposed financing is consummated. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the passage of this 
Resolution shall not in any way indicate the approval of, or constitute any 
commitment for approval by, the City or any of its officers or employees of, 



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any license, permit, application or any other request to the City with respect 
to the financing, zoning, construction, acquisition or operation of the Facility. 

SEC. 8. AND BE IT FURTHER RESOLVED, That no further action by 
the City Council is necessary to effect the financing of the costs of acquisition 
of the Facility by the Applicant or the completion of the transactions 
contemplated in this Resolution, including, without limitation, the issuance 
and sale of the Bonds. 

SEC. 9. AND BE IT FURTHER RESOLVED, That, in accordance with 
Section 13-138(e) of the MIDFA Act, this Resolution is administrative in 
nature, not subject to the procedures required for legislative acts of the City 
and not subject to referendum. 

SEC. 10. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved January 30, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 2 

(Council Bill No. 84) 

A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS 
(FIELD CONTAINER CORPORATION) - $2,000,000 

FOR the purpose of authorizing and empowering the Mayor and City Council 
of Baltimore to issue and sell, from any time or from time to time, and 
in one or more series, as limited obligations and not upon its full faith 
and credit or pledge of its taxing power, its economic development 
revenue refunding bonds, in the aggregate principal amount not to exceed 
Two Million Dollars ($2,000,000) pursuant to and in accordance with the 
Maryland Economic Development Revenue Bond Act, Sections 14-101 to 
14-109, inclusive, of Article 41 of the Annotated Code of Maryland 
(1990 Replacement Volume, 1991 Supplement), for the purpose of 
refunding the outstanding Mayor and City Council of Baltimore 



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Industrial Development Revenue Bonds (Eastfield Corporation Project), 
1981 Series, in the principal amount of Two Million Dollars 
($2,000,000), dated as of December 1, 1981 and issued on 
December 30, 1981, which bonds were issued and sold for the purpose 
of financing the acquisition, construction and improvement of a certain 
building at 1501 Russell Street in Baltimore City; making certain 
legislative findings; reserving in the City certain rights concerning the 
issuance of such Bonds; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions, and the Mayor, by 
executive order or otherwise, either before or after the issuance, sale and 
delivery of such bonds, to (a) prescribe among other things but not 
limited to, the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and the 
time or times of issuance, and any and all other details of such economic 
development revenue refunding bonds and (b) do any and all things 
necessary, proper or expedient in connection with the issuance and sale 
of such bonds; providing that such bonds or bond anticipation notes 
issued in anticipation of the issuance of such bonds must be issued and 
sold within six months from the date this resolution is approved by the 
Mayor, unless the Board of Finance or the Mayor approves one six 
month extension as provided in this Resolution; authorizing the issuance 
of notes in anticipation of the issuance of such bonds; and generally 
providing for and determining various matters and details in connection 
with the issuance and sale of such bonds and bond anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 14- 
101 to 14-109, inclusive, of Article 41 of the Annotated Code of Maryland 
(1990 Replacement Volume, 1991 Supplement) (the "Act"), provides that in 
order to accomplish the legislative policy of the Act, the Mayor and City 
Council of Baltimore (the "City") and any other public body (as defined in the 
Act) may issue and sell its bonds (as defined in the Act), as its limited 
obligations and not upon its full faith and credit or pledge or its taxing power, 
at any time or from time to time, for the purpose of financing or refinancing 
any costs of the acquisition (as defined in the Act) of one or more facilities 
(as defined in the Act) for one or more facility users (as defined in the Act) 
or of refunding outstanding bonds, including the necessary expenses of 
preparing, printing, selling, and issuing those bonds, the funding of reserves, 
and the payment of interest with respect to financing such acquisition in such 
amounts, or for such period, as the public body deems reasonable. The 
powers granted to the City by the Act are for the legislative purposes of 



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(i) relieving conditions of unemployment in the State and in Baltimore City, 
(ii) encouraging the increase of industry and commerce and a balanced 
economy in the State and in Baltimore City, (iii) assisting in the retention of 
existing industry and commerce and in the attraction of new industry and 
commerce in the State and in Baltimore City, (iv) promoting economic 
development in the State and in Baltimore City, and (v) promoting the general 
health, welfare and safety of the residents of the State and Baltimore City. 

On December 30, 1981, the City issued and sold its Mayor and City 
Council of Baltimore Industrial Development Revenue Bonds (Eastfield 
Corporation Project) 1981 Series, in the aggregate principal amount of Two 
Million Dollars ($2,000,000) (the "Series 1981 Bonds") and lent the proceeds 
thereof to Eastfield Corporation, predecessor in interest to Field Container 
Corporation (the "Borrower"), for the purpose of financing the cost of the 
acquisition of a certain facility within the geographical boundaries of 
Baltimore City (the "Facility"). 

The Series 1981 Bonds were issued under and pursuant to (a) Subsection 
(50) of Article II of the Charter of Baltimore City (1964 Revision, as 
amended), (b) Ordinance No. 438, approved by the Mayor of the City on 
October 14, 1981, (c) the Resolution adopted by the Board of Finance of the 
City on December 21, 1981, and (d) the Assignment and Security Agreement 
dated as of December 1, 1981 by and between the City and American 
National Bank and Trust Company of Chicago, a national banking 
association, as Trustee (the "Bank"). 

The Facility constitutes and is operated by the Borrower as a 
manufacturing facility located at 1501 Russell Street, together with 
(i) necessary or desirable equipment, tenant improvements, fixture and 
machinery, (ii) the land site and interests in land necessary or desirable for 
the Facility, together with roads or other rights of access, utilities and other 
necessary or desirable facilities, and (iii) all improvements, modifications and 
additions to all or any portion of the Facility. 

The City has received a letter of intent dated January 30, 1992 (the 
"Letter of Intent") from the Borrower, pursuant to which the Borrower has 
requested the City to issue and sell its economic development revenue 
refunding bonds, as its limited obligations and not upon its full faith and 
credit or pledge of its taxing power, at any time or from time to time and in 
one or more series, in an aggregate principal amount not to exceed Two 
Million Dollars ($2,000,000) (the "Bonds"), pursuant to and in accordance 
with the Act, for the purpose of refunding the outstanding Series 1981 Bonds, 



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including the payment of all accrued and unpaid interest and redemption 
premiums, if any, on the Series 1981 Bonds. 

The Letter of Intent expresses the Borrower's intention that the interest 
payable on the Bonds shall be exempt from federal income taxation pursuant 
to Section 103 of the Internal Revenue Code of 1986, as amended (the 
"Code"). The Borrower acknowledges in the Letter of Intent that the Bonds 
will not be subject to the City's volume cap, pursuant to Section 146(i) of the 
Code. The Borrower acknowledges in the Letter of Intent that the City 
reserves certain rights concerning the issuance of the Bonds as provided in 
Section 6 hereof. 

The City, based upon the findings and determinations set forth below, 
has determined to issue, sell and deliver, at any time or from time to time and 
in one or more series, its Bonds in an aggregate principal amount not to 
exceed Two Million Dollars ($2,000,000), and to lend the proceeds of the 
Bonds to the Borrower upon the terms and conditions of one or more loan 
agreements to be entered into between the City and the Borrower, such 
proceeds to be used by the Borrower solely and exclusively to refund the 
Series 1981 Bonds. 

The Act provides that the City may authorize and empower the Board of 
Finance of the City (the "Board") by resolution, or the Mayor, by executive 
order or otherwise, to determine and set forth the form, terms, provisions, 
manner, or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof, and to do any and all 
things necessary, proper or expedient in connection with the issuance and sale 
of the Bonds; now, therefore, in accordance with the Act: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That acting pursuant to the Act it is hereby 
found and determined as follows: 

1.1 The Borrower is a "facility applicant" and a "facility user" within 
the meaning of the Act; the facility is a "facility" within the meaning of the 
Act; and this Resolution is a "resolution" within the meaning of the Act. 

1.2 The acquisition of the Facility and the financing thereof has 
promoted, and the refunding of the Series 1981 Bonds will continue to 
promote, the declared legislative purposes of the Act by (a) relieving 
conditions of unemployment in the State and in Baltimore City; 



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Res. No. 2 



(b) encouraging the increase of industry and commerce and a balanced 
economy in the State and in Baltimore City; (c) assisting in the retention of 
existing industry and commerce and in the attraction of new industry and 
commerce in the State and in Baltimore City; (d) promoting economic 
development; and (e) generally promoting the health, welfare and safety of 
the residents of the State and Baltimore City. 

1 .3 The Bonds and the interest thereon will be limited obligations of the 
City and the principal of, premium, if any, and interest thereon shall be 
payable solely from the revenues received in connection with the financing of 
the Facility or from any other monies made available to the City for such 
purpose. Any bond anticipation notes shall also be payable from the proceeds 
of the Bonds in anticipation of which such notes were issued. Neither the 
Bonds nor the interest thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statutory limitation and 
neither shall constitute or give rise to any pecuniary liability of the City. 

1.4 Neither the proceeds of the Bonds nor the payments of the principal 
of, premium, if any, and interest on the Bonds will be commingled with the 
City's funds or will be subject to the absolute control of the City, but will be 
subject only to limited supervision and the City shall retain only those rights 
as are deemed necessary or desirable by the City to ensure that the proceeds 
of the Bonds are used to accomplish the public purposes of the Act and this 
Resolution. The transactions provided for hereby do not constitute any 
physical public betterment or improvement or the acquisition of property for 
public use or the purchase of equipment for public use. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this Resolution, 
among other things, evidences the present intent of the City to issue, sell and 
deliver the Bonds in accordance with the terms and provisions of the 
Resolution. The Mayor of the City (the "Mayor") is hereby authorized, 
empowered and directed to accept the Letter of Intent on behalf of the City in 
order to further evidence the present intent of the City to issue and sell the 
Bonds in accordance with the terms and provisions of the Resolution. 

SEC. 3. AND BE IT FURTHER RESOLVED, That the City is hereby 
authorized and empowered to issue, sell and deliver the Bonds, at any time or 
from time to time in one or more series, in an aggregate principal amount not 
to exceed Two Million Dollars ($2,000,000), subject to the provisions of this 
Resolution. For the purposes of applying the foregoing limitation in the event 
that any refunding bonds or bonds issued to repay bond anticipation notes are 



401 



Res. No. 2 



issued, the outstanding principal amount of any bonds or bond anticipation 
notes, respectively, provisions for the payment of which have been made 
from the proceeds of such refunding bonds or such bonds, respectively, or 
from other sources, shall not be taken into account when determining the 
aggregate principal amount of bonds issued, sold and delivered pursuant to 
this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds shall 
mature on December 1, 1999. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the City will lend 
the proceeds of the Bonds to the Borrower pursuant to the terms and 
provisions of a loan agreement (within the meaning of the Act) or a financing 
agreement (the "Loan Agreement"), to be used by the Borrower for the sole 
and exclusive purpose of refunding the Series 1981 Bonds. The Loan 
Agreement will provide that the Borrower will make payments which will be 
sufficient to enable the City to pay the principal of, premium, if any, and 
interest on the Bonds when and as the same become due and payable. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the City reserves 
the right, and in its sole and absolute discretion, to take any action deemed 
necessary by the City in order to ensure that the City (a) complies with 
present federal and state laws and any pending or future federal or state 
legislation, whether proposed or enacted, which may affect or restrict the 
issuance of the Bonds, and (b) issues its bonds, within the limits imposed by 
any such laws, or any such pending or future legislation or any future local 
laws, to finance of refinance those facilities which the City determines, in its 
sole and absolute discretion, will provide the greatest benefit to the City. 

In particular, the City reserves the right to choose to issue its bonds 
(within the meaning of the Act and any present or future state or local laws) 
in such order of priority as it may determine in its sole and absolute 
discretion. 

Pursuant to the provisions of this Section 6, the City reserves the right in 
its sole and absolute discretion, to, among other things, (a) never issue the 
Bonds, (b) issue only a portion of the aggregate principal amount of the 
Bonds requested by the Borrower, (c) restrict the use of the proceeds of the 
Bonds, (d) subject to Section 12 hereof, delay the issuance of the Bonds, or 
(e) take any other actions deemed necessary by the City, in its sole and 
absolute discretion, in order to ensure that the City achieves the goals set 
forth in the preceding paragraph. 



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Res. No. 2 



SEC. 7. AND BE IT FURTHER RESOLVED, That the Bonds shall be 
executed in the name of the City and on its behalf by the Mayor by his 
manual or facsimile signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal of the City or a 
facsimile thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual or facsimile 
signature. The Mayor, the Director of Finance of the City, the Custodian of 
the City Seal and other officials of the City are hereby authorized and 
empowered to do all such acts and things and to execute, acknowledge, enseal 
and deliver on behalf of the City such documents and certificates, including 
(without limitation) the Loan Agreement, as the Board of Finance or the 
Mayor may determine to be necessary or desirable to carry out and comply 
with the provisions of this Resolution, subject to the limitations set forth in 
the Act and any limitations set forth in this Resolution. If any officer whose 
signature or a facsimile of his signature appears on the Bonds or any of the 
aforesaid documents ceases to be such officer before the delivery of the Bonds 
or any of the other aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, the same as if such 
officer had remained in office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted by 
the Act, the Bonds either may be sold at a private (negotiated) sale, at par or 
at such other prices as the Board of Finance or the Mayor, with the consent 
of the Borrower, deems appropriate, or may be sold at a public sale, at par, 
above or below par, with the consent of the Borrower, in either or both of 
which events, the Bonds shall be sold in such manner, at such times, and 
upon such terms and conditions as the Board of Finance or the Mayor deems 
to be in the best interest of the City. 

SEC. 9. AND BE IT FURTHER RESOLVED, That prior to the 
issuance, sale and delivery of the Bonds, the Board of Finance by a resolution 
or resolutions, or the Mayor by executive order or otherwise: 

9.1 shall prescribe the form, tenor, terms and conditions of and 
security for the Bonds; 

9.2 shall prescribe the principal amount, rate or rates of interest, 
denomination or denominations, date, maturity or maturities (within the limits 
prescribed by the Act and the Code), for the Bonds; 

9.3 may appoint a trustee or trustees, a bond registrar and a paying 
agent or agents for the Bonds; 



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9.4 shall approve the form and contents of, and execute and deliver 
(where applicable), the Loan Agreement, and such documents, including 
(without limitation) trust agreements, assignments, mortgages, deed of trusts, 
guarantees and security instruments to which the City is a party and which 
may be necessary or desirable to effectuate the issuance, sale and delivery of 
the Bonds; 

9.5 shall determine the time of execution, issuance, sale and 
delivery of the Bonds, and prescribe any and all other details of the Bonds; 

9.6 shall determine the method, and approve the terms, of the sale 
of the Bonds, as provided in Section 8 of this Resolution; 

9.7 shall provide for the direct payment by the Borrower of all 
costs, fees and expenses incurred by or on behalf of the City in connection 
with the issuance, sale and delivery of the Bonds, including (without 
limitation) costs of printing (if any) and issuing the Bonds, legal expenses 
(including the fees of bond counsel) and the compensation to any person 
(other than full-time employees of the City) performing services by or on 
behalf of the City in connection therewith; 

9.8 may provide for the issuance and sale (subject to the passage at 
the time of the appropriate resolution authorizing the same) of one or more 
series of additional bonds and one or more series of refunding bonds; 

9.9 may provide for the funding of reserves for the Bonds and for 
the payment of interest on the Bonds in such amounts, or for such period, as 
the Board of Finance or the Mayor deems reasonable; and 

9.10 may specify, prescribe, determine, provide for or approve 
such other matters, details, forms, documents or procedures and do any and 
all things necessary or appropriate for the authorization, sale, security, 
issuance, delivery or payment of or for the Bonds and in order to accomplish 
the legislative policy of the Act and the public purposes of this Resolution, 
subject to the limitations set forth in the Act and any limitations prescribed by 
this Resolution. 

SEC. 10. AND BE IT FURTHER RESOLVED, That the Board of 
Finance is hereby authorized and empowered to adopt one or more resolutions 
from time to time, either before or after the issuance, sale and delivery of the 
Bonds, to supplement the resolution or resolutions referred to in the 
provisions of Section 9 hereof, and the Mayor is hereby authorized and 



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Res. No. 2 



empowered, by executive order or otherwise, either before or after the 
issuance, sale and delivery of the Bonds, to supplement the executive order 
referred to in the provisions of Section 9 hereof, and thereby approve 
amendments or supplements to or substitutes for the forms and provisions of 
Bonds, the Loan Agreement, any trust agreement or similar agreements and 
all other documents approved by such resolution or resolutions or executive 
order or executive orders, provided that each supplemental resolution or 
supplemental executive order and each such amendment, supplement or 
substitute shall be in accordance with the provisions of the Act, this 
Resolution and the documents executed in connection with the Bonds and then 
in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions of 
this Resolution are severable, and if any provisions, sentence, clause, section 
or part hereof is held to be illegal, invalid or unconstitutional or inapplicable 
to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts of this Resolution 
or their application to other persons or circumstances. It is hereby declared 
to be the legislative intent that this Resolution would have been passed if such 
illegal, invalid or unconstitutional provisions, sentence, clause, section or part 
had not been included herein, and if the person or circumstances to which this 
Resolution or any part hereof is inapplicable had been specifically exempted 
herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That either the Bonds 
or any bond anticipation notes must be issued and sold and within six (6) 
months from the date on which this Resolution is approved by the Mayor, 
provided, however, that (a) the Mayor, by executive order or otherwise, after 
a showing of good cause, prior to or after the expiration of such six month 
period, or (b) the Board of Finance, after showing of good cause at a public 
hearing held before the Board of Finance prior to or after the expiration of 
such six month period, may extend the period during which either the Bonds 
or any notes in anticipation thereof may be issued and sold for one additional 
term not exceeding six (6) months from the date on which the first six month 
period expires. The Board of Finance or Mayor shall have sole and absolute 
discretion without action by the City Council of the City to determine the 
sufficiency or lack of sufficiency of any reason, if any is given, for the 
requested extension for the first six month period. If an extension is granted, 
notice of such extension and the reasons therefore must be sent to the City 
Council. To the extent that neither the Bonds nor such bond anticipation 
notes are issued and sold within twelve (12) months from the date on which 



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this Resolution is approved by the Mayor, the authority provided in this 
Resolution for the City to issue and sell the Bonds and any bond anticipation 
notes shall expire; provided, however, that the expiration of the authority to 
issue the Bonds, as contained in this Resolution, shall not affect the present 
intent of the City to issue the Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved March 17, 1992 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

RESOLUTION NO. 3 

(Council Bill No. 55) 

RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

CHARTER AMENDMENT CHARTER REVISION COMMISSION 

FOR the purpose of amending Resolution 31 of 1990 to delete references to a 
study group and a task force, and changing the date that 
recommendations are to be made to the Mayor and City Council. 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Resolution 31, approved May 29, 1990, 
be and it is hereby amended to read as follows: 

"A RESOLUTION BY THE MAYOR AND CITY COUNCIL concerning 

CHARTER REVISION [TASK FORCE1 COMMISSION 

FOR the purpose of establishing a [task force] COMMISSION to review the 
City Charter and make recommendations for changes. 

WHEREAS, The Charter form of government is historically rooted with 
the Magna Carta and the Constitution of the United States; and 



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Res. No. 3 



WHEREAS, The Baltimore City Charter is a working document that 
outlines a framework for the efficient operation of City government; and 

WHEREAS, Parts of the existing Charter have been criticized for 
vagueness and/or obsolescence; and 

WHEREAS, A Charter must be clear in meaning and be able to address 
the changing needs of contemporary government; and 

WHEREAS, The Charter has been revised from time to time over the 
years, and the last comprehensive Charter revision, approved by the voters, 
occurred in 1964; and 

WHEREAS, Recent events and circumstances have demonstrated a need 
for a thorough review of the Charter of Baltimore City; now, therefore, be it 

RESOLVED, THAT THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, hereby establishes a Charter Revision [Task Force] 
COMMISSION to review the Charter and make recommendations for 
changes; and be it further 

RESOLVED, That the members of the [Task Force] CHARTER 
REVISION COMMISSION shall be appointed without regard to the 
provisions of Article IV, Section 6 of the Baltimore City Charter (1964 
Revision, as amended); and be it further 

[RESOLVED, That the Task Force shall be composed of 28 members, 9 
appointed by the Mayor, 1 appointed by each City Council District 
Delegation, 1 appointed by the President of the City Council and 1 appointed 
by the Comptroller; and be it further 

RESOLVED, That the Task Force shall further be composed of 1 1 
additional members appointed by each of the following groups: The 
Baltimore City Delegation to the General Assembly, the League of Women 
Voters, the Baltimore Chapter of the National Association for the 
Advancement of Colored People, the Citizens Planning and Housing 
Association, Baltimoreans United in Leadership Development, AFL-CIO, the 
Greater Baltimore Committee, Baltimore City Homeowners Coalition for Fair 
Property Taxes, the Institute for Policy Studies at Johns Hopkins University, 
the William Donald Schaefer Center for Public Policy of the University of 
Baltimore, and the School of Education and Urban Studies of Morgan State 
University; and be it further 



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RESOLVED, That the names of the Task Force members shall be 
forwarded to the Mayor 60 days after the enactment of this Resolution and 
that the Mayor shall name the Chair of the Task Force from among its 
members; and be it further 

RESOLVED, That all parties involved in this effort are hereby requested 
to lend whatever resources are available to them to make this a successful 
Charter revision; and be it further] 

RESOLVED, That the Mayor shall appoint [a study group, in 
consultation with the City Council,] THE CHARTER REVISION 
COMMISSION to identify areas of the Charter which require [study and] 
updating [and shall report its findings to the Task Force]; and be it further 

[RESOLVED, That the Chair of the Charter Revision Task Force shall 
convene the Task Force within 30 days of the date the report is given to the 
Task Force by the study group; and be it further] 

RESOLVED, THAT IN CONDUCTING ITS STUDY, THE CHARTER 
REVISION COMMISSION SHALL HOLD APPROPRIATE PUBLIC 
HEARINGS AND CONSIDER THE VIEWS OF ANY INTERESTED 
CITIZEN OR GROUP INCLUDING, BUT NOT LIMITED TO, THE 
FOLLOWING GROUPS: 

THE BALTIMORE CITY DELEGATION TO THE GENERAL 
ASSEMBLY, THE LEAGUE OF WOMEN VOTERS, THE BALTIMORE 
CHAPTER OF THE NATIONAL ASSOCIATION FOR THE 
ADVANCEMENT OF COLORED PEOPLE, THE CITIZENS PLANNING 
AND HOUSING ASSOCIATION, BALTIMOREANS UNITED IN 
LEADERSHIP DEVELOPMENT, AFL-CIO, THE GREATER 
BALTIMORE COMMITTEE, BALTIMORE CITY HOMEOWNERS 
COALITION FOR FAIR PROPERTY TAXES, THE INSTITUTE FOR 
POLICY STUDIES AT JOHNS HOPKINS UNIVERSITY, THE WILLIAM 
DONALD SCHAEFER CENTER FOR PUBLIC POLICY OF THE 
UNIVERSITY OF BALTIMORE, AND THE SCHOOL OF EDUCATION 
AND URBAN STUDIES OF MORGAN STATE UNIVERSITY; AND BE 
IT FURTHER 

RESOLVED, That each City Agency shall review the Charter's 
influence upon its particular operation and shall forward comments and 
suggestions to the [Task Force] CHARTER REVISION COMMISSION no 
later than 60 days after the enactment of this resolution; and be it further 



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Res. No. 4 



RESOLVED, That the Charter Revision [Task Force] COMMISSION 
issue a report and present an outline of recommendations to the Mayor and 
City Council by [December 1, 1991] MARCH 1» 1993 OCTOBER 1. 1993 . 
and may submit such interim reports as it deems necessary; and be it further 

RESOLVED, That a copy of this Resolution be sent to the Comptroller, 
all City Agencies, nil of the groupo whioh oholl havo memberohip on AND 
ANY GROUP WHICH EXPRESSES INTEREST IN THE WORK OF the 
[Task Force] CHARTER REVISION COMMISSION; and be it further 

RESOLVED, That this Resolution take effect upon enactment." 

SEC. 2. AND BE IT FURTHER RESOLVED, That this Resolution take 
effect on the date of its enactment. 

Approved April 16, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 4 

(Council Bill No. 219) 

A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS 
(TINDECO WHARF APARTMENTS PROJECT) - $17,334,600 

FOR the purpose of authorizing and empowering the Mayor and City Council 
of Baltimore to issue and sell, from any time or from time to time, and 
in one or more series, as limited obligations and not upon its full faith 
and credit or pledge of its taxing power, its economic development 
revenue refunding bonds, in the aggregate principal amount not to exceed 
Seventeen Million Three Hundred Thirty Four Thousand Six Hundred 
Dollars ($17,334,600) pursuant to and in accordance with the Maryland 
Economic Development Revenue Bond Act, Sections 14-101 to 14-109, 
inclusive, of Article 41 of the Annotated Code of Maryland (1990 
Replacement Volume, 1991 Supplement), for the purpose of refunding 
the outstanding Baltimore City, Maryland Mortgage Revenue Bonds, 
Series 1985 (GNMA Collateralized - Tindeco Wharf Apartments 



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Project), in the principal amount not in excess of Seventeen Million 
Three Hundred Thirty Four Thousand Six Hundred Dollars 
($17,334,600), dated as of December 1, 1985 and issued on December 
11, 1985, which bonds were issued and sold for the purpose of financing 
the repair and improvement of a multifamily housing project at 2809 
Boston Street in Baltimore City; making certain legislative findings; 
reserving in the City certain rights concerning the issuance of such 
bonds; authorizing and empowering the Board of Finance of the City, by 
a resolution or resolutions, and the Mayor, by oxooutivo order or 
otherwise, as provided herein, either before Or after the issuance, sale 
and delivery of such bonds, to (a) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and the 
time or times of issuance, and any and all other details of such economic 
development revenue refunding bonds and (b) do any and all things 
necessary, proper or expedient in connection with the issuance and sale 
of such bonds; providing that such bonds or bond anticipation notes 
issued in anticipation of the issuance of such bonds must be issued and 
sold within six months from the date this resolution is approved by the 
Mayor, unless the Board of Finance or the Mayor approves one six 
month extension as provided in this Resolution; authorizing the issuance 
of notes in anticipation of the issuance of such bonds; and generally 
providing for and determining various matters and details in connection 
with the issuance and sale of such bonds and bond anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 
14-101 to 14-109, inclusive, of Article 41 of the Annotated Code of Maryland 
(1990 Replacement Volume, 1991 Supplement) (the "Act"), provides that in 
order to accomplish the legislative policy of the Act, the Mayor and City 
Council of Baltimore (the "City") and any other public body (as defined in the 
Act) may issue and sell its bonds (as defined in the Act), as its limited 
obligations and not upon its full faith and credit or pledge or its taxing power, 
at any time or from time to time, for the purpose of financing or refinancing 
any costs of the acquisition (as defined in the Act) of one or more facilities 
(as defined in the Act) for one or more facility users (as defined in the Act) 
or of refunding outstanding bonds, including the necessary expenses of 
preparing, printing, selling, and issuing those bonds, the funding of reserves, 
and the payment of interest with respect to financing such acquisition in such 
amounts, or for such period, as the public body deems reasonable. The 
powers granted to the City by the Act are for the legislative purposes of (i) 



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relieving conditions of unemployment in the State and in Baltimore City, (ii) 
encouraging the increase of industry and commerce and a balanced economy 
in the State and in Baltimore City, (iii) assisting in the retention of existing 
industry and commerce and in the attraction of new industry and commerce in 
the State and in Baltimore City, (iv) promoting economic development in the 
State and in Baltimore City, and (v) promoting the general health, welfare and 
safety of the residents of the State and Baltimore City. 

On December 11, 1985, the City issued and sold its Baltimore City, 
Maryland Mortgage Revenue Bonds, Series 1985 (GNMA Collateralized - 
Tindeco Wharf Apartments Project) in the aggregate principal amount of 
Seventeen Million Three Hundred Thirty-Four Thousand Six Hundred Dollars 
($17,334,600) (the "Series 1985 Bonds") and lent the proceeds for the benefit 
of Tindeco Wharf Partnership (the "Borrower"), for the purpose of financing 
the repair and improvement of a multifamily rental housing project at 2809 
Boston Street, which is within the geographical boundaries of Baltimore City 
(the "Facility"). 

The Series 1985 Bonds were issued under a Trust Indenture dated as of 
December 1, 1985 between the City and Equitable Bank, N.A., as Trustee 
(the "Bank") and pursuant to (a) the Act, (b) Section 50 of Article II of the 
Baltimore City Charter, (c) Resolution No. 43 enacted by the City Council of 
the City on September 20, 1985 and approved by the Mayor of the City (the 
"Mayor") on September 25, 1985, (d) Bill No. 922 enacted by the City on 
September 25, 1985, and (e) an Executive Order of the Mayor dated 
December 5, 1985. 

The Facility constitutes and is operated by the Borrower as a multifamily 
rental housing project located at 2809 Boston Street, together with (i) 
necessary or desirable equipment, tenant improvements, fixture and 
machinery, (ii) the land site and interests in land necessary or desirable for 
the Facility, together with roads or other rights of access, utilities and other 
necessary or desirable facilities, and (iii) all improvements, modifications and 
additions to all or any portion of the Facility. 

The City has received a letter of intent dated April 27, 1992 (the "Letter 
of Intent") from the Borrower, pursuant to which the Borrower has requested 
the City to issue and sell its economic development revenue refunding bonds, 
as its limited obligations and not upon its full faith and credit or pledge of its 
taxing power, at any time or from time to time and in one or more series, in 
an aggregate principal amount not to exceed Seventeen Million Three 
Hundred Thirty Four Thousand Six Hundred Dollars ($17,334,600) (the 



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"Bonds"), pursuant to a : in accordance with the Act, for the purpose of 
refunding the outstanu eries 1985 Bonds, including the payment of all 
accrued and unpaid interest and redemption premiums, if any, on the Series 
1985 Bonds. 

The Letter of Intent expresses the Borrower's intention that the interest 
payable on the Bonds shall be exempt from federal income taxation pursuant 
to Section 103 of the Internal Revenue Code of 1986, as amended (the 
"Code"). The Borrower represents in the Letter of Intent that the Bonds will 
not be subject to the City'' volume cap, pursuant to Section 146(i) of the 
Code. The Borrower acknowledges in the Letter of Intent that the City 
reserves certain rights concerning the issuance of the Bonds as provided in 
Section 6 hereof. The City, based upon the findings and determinations set 
forth below, has determined to issue, sell and deliver, at any time or from 
time to time and in one or more series, its Bonds in an aggregate principal 
amount not to exceed Seventeen Million Three Hundred Thirty Four 
Thousand Six Hundred Dollars ($17,334,600), and to lend the proceeds of the 
Bonds for the benefit of the Borrower upon the terms and conditions of one 
or more loan or financing agreements to be entered into between the City and 
the Borrower (and any other parties necessary to implement and consummate 
the transaction), such proceeds to be used by the Borrower solely and 
exclusively to refund the Series 1985 Bonds. 

The Act provides that the City may authorize and empower the Board of 
Finance of the City (the "Board") by resolution, or the Mayor, by executive 
order or otherwise, to determine and set forth the form, terms, provisions, 
manner, or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof, and to do any and all 
things necessary, proper or expedient in connection with the issuance and sale 
of the Bonds; now, therefore, in accordance with the Act: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That acting pursuant to the Act it is hereby 
found and determined as follows: 

1.1. The Borrower is a "facility applicant" and a "facility user" within 
the meaning of the Act; the Facility is a "facility" within the meaning of the 
Act; and this Resolution is a "resolution" within the meaning of the Act. 

1.2. The acquisition of the Facility and the financing thereof has 
promoted, and the refunding of the Series 1985 Bonds will continue to 



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promote, the declared legislative purposes of the Act by (a) relieving 
conditions of unemployment in the State and in Baltimore City; (b) 
encouraging the increase of industry and commerce and a balanced economy 
in the State and in Baltimore City; (c) assisting in the retention of existing 
industry and commerce and in the attraction of new industry and commerce in 
the State and in Baltimore City; (d) promoting economic development; and (e) 
generally promoting the health, welfare and safety of the residents of the State 
and Baltimore City. 

1.3. The Bonds and the interest thereon will be limited obligations of the 
City and the principal of, premium, if any, and interest thereon shall be 
payable solely from the revenues received in connection with the financing of 
the Facility or from any other monies made available to the City for such 
purpose. Any bond anticipation notes shall also be payable from the proceeds 
of the Bonds in anticipation of which such notes were issued. Neither the 
Bonds nor the interest thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statutory limitation and 
neither shall constitute or give rise to any pecuniary liability of the City. 

1.4. Neither the proceeds of the Bonds nor the payments of the principal 
of, premium, if any, and interest on the Bonds will be commingled with the 
City's funds or will be subject to the absolute control of the City, but will be 
subject only to limited supervision and the City shall retain only those rights 
as are deemed necessary or desirable by the City to ensure that the proceeds 
of the Bonds are used to accomplish the public purposes of the Act and this 
Resolution. The transactions provided for hereby do not constitute any 
physical public betterment or improvement or the acquisition of property for 
public use or the purchase of equipment for public use. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this Resolution, 
among other things, evidences the present intent of the City to issue, sell and 
deliver the Bonds in accordance with the terms and provisions of the 
Resolution. The Mayor of the City (the "Mayor") is hereby authorized, 
empowered and directed to accept the Letter of Intent on behalf of the City in 
order to further evidence the present intent of the City to issue and sell the 
Bonds in accordance with the terms and provisions of the Resolution. 

SEC. 3. AND BE IT FURTHER RESOLVED, That the City is hereby 
authorized and empowered to issue, sell and deliver the Bonds, at any time or 
from time to time in one or more series, in an aggregate principal amount not 
to exceed Seventeen Million Three Hundred Thirty Four Thousand Six 



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Hundred Dollars ($17,334,600), subject to the provisions of this Resolution. 
For the purposes of applying the foregoing limitation in the event that any 
refunding bonds or bonds issued to repay bond anticipation notes are issued, 
the outstanding principal amount of any bonds or bond anticipation notes, 
respectively, provisions for the payment of which have been made from the 
proceeds of such refunding bonds or such bonds, respectively, or from other 
sources, shall not be taken into account when determining the aggregate 
principal amount of bonds issued sold and delivered pursuant to this 
Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds shall 
mature within thirty-seven (37) years of their issuance. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the City will lend 
the proceeds of the Bonds to the Borrower pursuant to the terms and 
provisions of a loan agreement (within the meaning of the Act) or a financing 
agreement (the "Loan Agreement"), to be used by the Borrower for the sole 
and exclusive purpose of refunding the Series 1985 Bonds. The Loan 
Agreement will provide that the Borrower will make payments which will be 
sufficient to enable the City to pay the principal of, premium, if any, and 
interest on the Bonds when and as the same become due and payable. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the City reserves 
the right, and in its sole and absolute discretion, to take any action deemed 
necessary by the City in order to ensure that the City (a) complies with 
present federal and state laws and any pending or future federal or state 
legislation, whether proposed or enacted, which may affect or restrict the 
issuance of the Bonds, and (b) issues its bonds, within the limits imposed by 
any such laws, or any such pending or future legislation or any future local 
laws, to finance or refinance those facilities which the City determines, in its 
sole and absolute discretion, will provide the greatest benefit to the City. 

In particular, the City reserves the right to choose to issue its bonds 
(within the meaning of the Act and any present or future state or local laws) 
in such order of priority as it may determine in its sole and absolute 
discretion. 

Pursuant to the provisions of this Section 6, the City reserves the right in 
its sole and absolute discretion to, among other things, (a) never issue the 
Bonds, (b) issue only a portion of the aggregate principal amount of the 
Bonds requested by the Borrower, (c) restrict the use of the proceeds of the 
Bonds, (d) subject to Section 12 hereof, delay the issuance of the Bonds, or 



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(e) take any other actions deemed necessary by the City, in its sole and 
absolute discretion, in order to ensure that the City achieves the goals set 
forth in the preceding paragraph. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the Bonds shall be 
executed in the name of the City and on its behalf by the Mayor by his 
manual or facsimile signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal of the City or a 
facsimile thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual or facsimile 
signature. The Mayor, the Director of Finance of the City, the Custodian of 
the City Seal and other officials of the City are hereby authorized and 
empowered to do all such acts and things and to execute, acknowledge, enseal 
and deliver on behalf of the City such documents and certificates, including 
(without limitation) the Loan Agreement, as the Board of Finance or the 
Mayor may determine to be necessary or desirable to carry out and comply 
with the provisions of this Resolution, subject to the limitations set forth in 
the Act and any limitations set forth in this Resolution. If any officer whose 
signature or a facsimile of his signature appears on the Bonds or any of the 
aforesaid documents ceases to be such officer before the delivery of the Bonds 
or any of the other aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, the same as if such 
officer had remained in office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted by 
the Act, the Bonds either may be sold at a private (negotiated) sale, at par or 
at such other prices as the Board of Finance, with the consent of the 
Borrower, deems appropriate, or may be sold at a public sale, at par, above 
or below par, with the consent of the Borrower, in either or both of which 
events, the Bonds shall be sold in such manner, at such times, and upon such 
terms and conditions as the Board of Finance deems to be in the best interest 
of the City. 

SEC. 9. AND BE IT FURTHER RESOLVED, That prior to the 
issuance, sale and delivery of the Bonds, the Board of Finance by a resolution 
or resolutions: 

9.1. Shall prescribe the form, tenor, terms and conditions of and 
security for the Bonds; 



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9.2 Shall prescribe the principal amount, rate or rates of interest, 
denomination or denominations, date, maturity or maturities (within the limits 
prescribed by the Act and the Code), for the Bonds; 

9.3. May appoint a trustee or trustees, a bond registrar and a paying 
agent or agents for the Bonds; 

9.4. Shall approve the form and contents of, and execute and deliver 
(where applicable), the Loan Agreement, and such documents, including 
(without limitation) trust agreements, assignments, mortgages, deed of trusts, 
guarantees and security instruments to which the City is a party and which 
may be necessary or desirable to effectuate the issuance, sale and delivery of 
the Bonds; 

9.5. Shall determine the time of execution, issuance, sale and delivery 
of the Bonds, and prescribe any and all other details of the Bonds; 

9.6. Shall determine the method, and approve the terms, of the sale of 
the Bonds, as provided in Section 8 of this Resolution; 

9.7. Shall provide for the direct payment by the Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in connection with the 
issuance, sale and delivery of the Bonds, including (without limitation) costs 
of printing (if any) and issuing the Bonds, legal expenses (including the fees 
of bond counsel) and the compensation to any person (other than full-time 
employees of the City) performing services by or on behalf of the City in 
connection therewith; 

9.8. May provide for the issuance and sale (subject to the passage at the 
time of the appropriate resolution authorizing the same) of one or more series 
of additional bonds and one or more series of refunding bonds; 

9.9. May provide for the funding of reserves for the Bonds and for the 
payment of interest on the Bonds in such amounts, or for such period, as the 
Board of Finance or the Mayor deems reasonable; and 

9.10. May specify, prescribe, determine, provide for or approve such 
other matters, details, forms, documents or procedures and do any and all 
things necessary or appropriate for the authorization, sale, security, issuance, 
delivery or payment of or for the Bonds and in order to accomplish the 
legislative policy of the Act and the public purposes of this Resolution, 



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project to the limitations set forth in the Act and any limitations prescribed by 
this Resolution. 

SEC. 10. AND BE IT FURTHER RESOLVED, That the Board of 
Finance is hereby authorized and empowered to adopt one or more resolutions 
from time to time, either before or after the issuance, sale and delivery of the 
Bonds, to supplement the resolution or resolutions referred to in the 
provisions of Section 9 hereof, and the Mayor io hereby authorized and 
empowered, by oxooutivo order or othorwioo, either before or after the 
iofluanoo, oalo and delivery of the Bonds, to oupplomont the executive order 
referred to in the provioiono of Section 9 hereof, and thereby approve 
amendments or supplements to or substitutes for the forms and provisions of 
Bonds, the Loan Agreement, any trust agreement or similar agreements and 
all other documents approved by such resolution or resolutions or oxooutivo 
order or oxooutivo ordoro , provided that each supplemental resolution ef 
oupplomontal oxooutivo order and each such amendment, supplement or 
substitute shall be in accordance with the provisions of the Act, this 
Resolution and the documents executed in connection with the Bonds and then 
in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions of 
this Resolution are severable, and if any provision, sentence, clause, section 
or part hereof is held to be illegal, invalid or unconstitutional or inapplicable 
to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts of this Resolution 
or their application to other persons or circumstances. It is hereby declared to 
be the legislative intent that this Resolution would have been passed if such 
illegal, invalid or unconstitutional provisions, sentence, clause, section or part 
had not been included herein, and if the person or circumstances to which this 
Resolution or any part hereof is inapplicable had been specifically exempted 
herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That either the Bonds 
or any bond anticipation notes must be issued and sold and within six (6) 
months from the date on which this Resolution is approved by the Mayor, 
provided, however, that the Board of Finance, after showing of good cause at 
a public hearing held before the Board of Finance prior to or after the 
expiration of such six month period, may extend the period during which 
either the Bonds or any notes in anticipation thereof may be issued and sold 
for one additional term not exceeding six (6) months from the date on which 
the first six month period expires. The Board of Finance shall have sole and 



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absolute discretion without action by the City Council of the City to determine 
the sufficiency or lack of sufficiency of any reason if any is given, for the 
requested extension for the first six month period. If an extension is granted, 
notice of such extension and the reasons therefore must be sent to the City 
Council. To the extent that neither the Bonds nor such bond anticipation 
notes are issued and sold within twelve (12) months from the date on which 
this Resolution is approved by the Mayor, the authority provided in this 
Resolution for the City to issue and sell the Bonds and any bond anticipation 
notes shall expire; provided, however, that the expiration of the authority to 
issue the Bonds, contained in this Resolution, shall not affect the present 
intent of the City to issue the Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved June 10, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 5 

(Council Bill No. 312) 

A RESOLUTION concerning 

MARYLAND INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY 

REVENUE BONDS 
BON SECOURS HEALTH SYSTEM, INC. - $34,000,000 

FOR the purpose of approving the issuance and sale by the Maryland 

Industrial Development Financing Authority, pursuant to the Maryland 
Economic Development Revenue Bond Act and the Maryland Industrial 
Development Financing Authority Act, of a portion of one or more series 
of its limited obligation economic development revenue bonds to be 
issued in an aggregate principal amount not to exceed Thirty-Four 
Million Dollars ($34,000,000), which portion of such bonds shall be 
issued in an aggregate principal amount not to exceed $21,000,000 for 
the benefit of Bon Secours Health System, Inc., a Maryland nonprofit 
corporation and its various subsidiaries, including, but not limited to, 
Bon Secours Hospital Baltimore, Inc., a Maryland nonprofit corporation 



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to finance and refinance certain health care facilities (as defined in such 
Acts) located in the State of Maryland including, but not limited to, a 
certain facility (as defined in such Acts) consisting of (a) the refinancing 
of the outstanding principal amount of $15,600,000 Mayor and City 
Council of Baltimore Economic Development Revenue Bonds (Bon 
Secours Hospital Baltimore, Inc. Project) Series 1985 B and Series 1985 
C, and (b) the financing of a portion of the costs of acquisition (as 
defined in such Acts) of a certain facility (as defined in such Acts) 
located within the geographical boundaries and jurisdiction of Baltimore 
City, Maryland, the acquisition of which facility consists of and includes 
(i) the construction of certain renovations to the Hospital (hereinafter 
defined), (ii) the construction of a diagnostic treatment center at the 
Hospital, and (iii) the acquisition and installation of certain necessary or 
useful fixtures, equipment and machinery to be used in connection with 
the operation of Bon Secours Hospital, located at 2000 West Baltimore 
Street, Baltimore City, Maryland by Bon Secours Hospital Baltimore, 
Inc. as a general acute health care facility; specifying and describing 
such facility; generally describing the public purpose to be served by 
such facility; specifying and describing various matters in connection 
therewith; and relating generally thereto. 

RECITALS 

The Maryland Industrial Development Financing Authority Act (the 
"MIDFA Act"), provides that in order to accomplish the purposes of the 
MIDFA Act, the Maryland Industrial Development Financing Authority (the 
"Authority"), on behalf of the State of Maryland (the "State"), may issue and 
sell bonds as provided in and in accordance with the Maryland Economic 
Development Revenue Bond Act (the "Revenue Bond Act"). The MIDFA 
Act and the Revenue Bond Act are herein sometimes collectively referred to 
as the "Acts". The MIDFA Act further provides that the Authority may 
accomplish the acquisition of one or more facilities from the proceeds of the 
sale of its bonds by one or more of the methods described in the Revenue 
Bond Act. 

Section 13-138(e) of the MIDFA Act provides that prior to the issuance 
and sale of bonds by the Authority, the legislative body of the county or 
municipality in which the facility (as defined in the Acts) to be financed with 
the proceeds of the bonds is to be located shall adopt a resolution which shall 
(a) be administrative in nature, not subject to the procedures required for 
legislative acts and not subject to referendum, (b) specify and describe the 
facility, and (c) generally describe the public purpose to be served by the 
facility. 



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Bon Secours Health System, Inc., a Maryland nonprofit corporation (the 
"Applicant"), and its various subsidiaries, including, but not limited to Bon 
Secours Hospital Baltimore, Inc., a Maryland nonprofit corporation ("Bon 
Secours" and collectively with the Applicant and its various subsidiaries, the 
"Borrowers") have requested the Mayor and City Council of Baltimore, a 
body politic and corporate and a political subdivision of the State and a 
county and a public body within the meaning of the Acts (the "City"), to 
approve the issuance by the Authority of a Twenty-One Million Dollar 
($21,000,000) portion of the Authority's bonds to be issued in the aggregate 
principal amount not to exceed Thirty-Four Million Dollars ($34,000,000) to 
provide for a portion of the costs of the financing and refinancing by the 
Applicant and Bon Secours of certain health care facilities located within the 
State, including a facility located within the geographical boundaries and 
jurisdiction of the City (the "Facility") and more particularly described below. 

The City has determined, based upon the findings and determinations 
hereinafter set forth, that it is in the best interests of the citizens of the City 
that the City approve the financing by the Authority of a portion of the costs 
of acquisition by the Applicant and Bon Secours of the Facility by approving 
the issuance and sale by the Authority, pursuant to the Acts, at any time and 
from time to time, of one or more series of its limited obligation economic 
development revenue bonds in a maximum principal amount not to exceed 
Twenty-One Million Dollars ($21,000,000) as a portion of the Authority's 
bonds to be issued in the aggregate principal amount not to exceed Thirty- 
Four Million Dollars ($34,000,000). Of the $34,000,000 aggregate principal 
amount of the Authority's bonds issued for the benefit of the Borrowers, the 
Applicant anticipates that approximately $21,000,000 of the proceeds will be 
applied to a portion of the costs of the financing and refinancing of the 
Facility (described hereinbelow). Each of the Borrowers shall be jointly and 
severally liable for repayment in full of all outstanding principal, interest and 
premium (if any) upon the Authority's bonds. 

NOW, THEREFORE, PURSUANT TO AND IN ACCORDANCE 
WITH THE ACTS: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That all words and terms used in this 
Resolution (including the Recitals set forth above) that are defined or used in 
the Acts shall have the meaning indicated in the Acts, unless the context 
clearly requires a contrary meaning. 



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SEC. 2. AND BE IT FURTHER RESOLVED, That the Facility shall 
consist of (a) refinancing the outstanding principal amount of the Mayor and 
City Council of Baltimore Economic Development Revenue Bonds (Bon 
Secours Hospital Baltimore, Inc. Project) Series 1985 B and 1985 C, which 
outstanding principal amount is $15,600,000 and (b) financing a portion of: 
(i) the costs of construction of certain renovations to the Hospital (hereinafter 
defined), (ii) the costs of construction of a diagnostic treatment center at the 
Hospital, (iii) the costs of the acquisition and installation of certain necessary 
or useful fixtures, equipment and machinery for Bon Secours Hospital located 
at 2000 West Baltimore Street, Baltimore City, Maryland (the "Hospital) 
owned and operated as a general acute health care facility by Bon Secours, 
and (iv) the costs of issuance of the Bonds (hereinafter defined). 

SEC. 3. AND BE IT FURTHER RESOLVED, That it is hereby found 
and determined that the Facility and the financial assistance to be provided by 
the Authority as described in this Resolution, will fulfill, accomplish and 
promote, the declared public purposes of the Acts, which are to (a) relieve 
conditions of unemployment in the State, (b) encourage the increase of 
industry and commerce and a balanced economy in the State, (c) assist in the 
retention of existing industry and commerce and in the attraction of new 
industry and commerce in the State, (d) promote economic development in the 
State and (e) generally promote the health, welfare, and safety of the residents 
of each of the counties and municipalities of the State. Specifically, it is 
hereby found and determined that the financing of the costs of acquisition of 
the Facility by the Borrowers will benefit employment in the City by 
maintaining approximately 800 jobs at the Hospital and will assure the 
availability of quality medical treatment and specifically diagnostic medical 
treatment for all citizens of the State, including citizens of the City. 
Accordingly, it is in the interest of the public welfare of the citizens of the 
State and of the City that the City approve the issuance by the Authority of its 
bonds for the purpose of financing a portion of the costs of acquisition of the 
Facility. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the City hereby 
approves the issuance and sale by the Authority at any time and from time to 
time of one or more series of its limited obligation economic development 
revenue bonds in such aggregate principal amount as shall be approved by a 
resolution of the Authority (the "Bonds"), the proceeds of any series of which 
may be used by the Authority to make a loan for the benefit of the 
Borrowers, with a portion of the proceeds of such Bonds in an amount not to 
exceed $21,000,000 to be loaned to the Borrowers to be used by them to 
finance a portion of the costs of acquisition of the Facility. 



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SEC. 5. AND BE IT FURTHER RESOLVED, That (a) the Bonds and 
the interest thereon will be limited obligations of the Authority, payable solely 
from revenues or moneys to be received by the Authority in connection with 
the financing of a portion of the costs of acquisition of the Facility or from 
any other funds provided therefor, (b) the Bonds will not constitute an 
indebtedness to which the faith and credit of the State, the Department of 
Economic and Employment Development of the State (the "Department"), the 
Authority, the City or any other public body is pledged, and (c) neither the 
Bonds nor the interest thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the State, the 
Department, the Authority, the City or any other public body and neither 
shall ever constitute or give rise to any pecuniary liability of the State, the 
Department, the Authority, the City or any other public body. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the Bonds shall be 
authorized, issued, sold and delivered without direct or indirect cost to the 
City, and to that end, the Borrowers (each of whom shall be jointly and 
severally liable for repayment in full of all principal, interest, and premium, if 
any, upon the Bonds) shall pay all necessary expenses of preparing, printing, 
selling and issuing the Bonds and all other costs contemplated and permitted 
by the Acts, including, without limitation, any and all costs, fees and 
expenses (including, without limitation, any attorneys* fees) incurred by or on 
behalf of the City in connection with this Resolution or the publication of 
notices of any public hearings to be held in connection herewith, whether or 
not the proposed financing is consummated. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the passage of this 
Resolution shall not in any way indicate the approval of, or constitute any 
commitment for approval by , the City or any of its officers or employees of, 
any license, permit, application or any other request to the City with respect 
to the financing, zoning, construction, acquisition or operation of the Facility. 

SEC. 8. AND BE IT FURTHER RESOLVED, That no further action 
by the City Council is necessary to effect the financing of the costs of 
acquisition of the Facility by the Applicant and Bon Secours or the completion 
of the transactions contemplated in this Resolution, including, without 
limitation, the issuance and sale of the Bonds. 

SEC. 9. AND BE IT FURTHER RESOLVED, That, in accordance 
with Section 13-138(e) of the MIDFA Act, this resolution is administrative in 
nature, not subject to the procedures required for legislative acts of the City 
and not subject to referendum. 



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Res. No. 6 



SEC. 10. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved July 1, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 6 

(Council Bill No. 194) 

RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

CHARTER AMENDMENT - CIVIL SERVICE COMMISSION 

FOR the purpose of amending the Charter of Baltimore City to provide that 
the officers or employees in the Classified Civil Service Commission 
may be removed, dismissed, reduced, or suspended only for just cause, 
and providing that when an employee or officer in the Classified Civil 
Service system is not lawfully removed, dismissed, reduced or 
suspended, the appointing officer shall correct the action as directed by 
the Civil Service Commission; and submitting this amendment to the 
qualified voters of the City of Baltimore for adoption or rejection. 

BY proposing an amendment to the Charter of Baltimore City 
Article VII - Executive Departments 
Section 109. 118(a) 
Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is proposed that Section 118 (a) of 
Article VII of the Charter of Baltimore City (1964 Revision, as amended) be 
amended to read as follows: 

ARTICLE VH - EXECUTIVE DEPARTMENTS 

109. CIVIL SERVICE COMMISSION-POWERS AND DUTIES. 

The Commission shall make rules, subject to the provisions herein 
contained, to carry out the purposes of Sections 108-121 of this Article VH 



423 



Res. No. 6 



and to provide for appointments and employments in all positions in the 
classified service hereinafter mentioned, based on merit, efficiency, character 
and industry, and the Commission, from time to time, may make changes in 
the original rules or additions thereto. A copy of all such rules, changes 
therein and additions thereto, shall be filed as a public record with the 
Department of Legislative Reference and shall not be effective until so filed: 
copies shall be prepared for distribution by the Commission to all persons 
who may apply therefor. 

The Commission shall have power to investigate all matters touching the 
execution of the provisions of the Charter relating to the Classified Civil 
Service and of the rules adopted in conformity therewith. In the course of 
such investigations, each member of the Commission shall have power to 
administer oaths and summon and examine witnesses as to matters relevant to 
such investigations. 

fWheneverl EXCEPT AS PROVIDED IN SECTION 118(A). 
WHENEVER the Commission shall find as a result of such investigation that 
any administrative head of the City, including any Commission or Board, or 
any officer having the power of appointment and removal in the Classified 
Civil Service, has abused such power by making appointments or removals 
for any reason other than the good of the public service, it shall so report to 
the Mayor, who shall thereupon have power to remove forthwith, without 
further hearing, such administrative head or officer found guilty of such 
violation by the Commission. 

118. CIVIL SERVICE COMMISSION - DISCHARGE, RE- 
EMPLOYMENT, PART- TIME EMPLOYEES. 

(a) No person shall be discharged from the Classified Civil Service or be 
reduced in pay or position or suspended by the appointing officer for or on 
account of [his] political opinions or affiliations, or for refusing to contribute 
to any political fund or refusing to render any political service; but nothing in 
the provisions of the Charter relating to the Classified Civil Service shall 
forbid the removal, dismissal, reduction or suspension of any such officer or 
employee for ANY JUST CAUSE, [any cause, other than those hereinbefore 
enumerated, which in the opinion of the person authorized by law to remove 
or dismiss such officer or employee, may interfere with the efficient discharge 
of the duties of the position.] In all cases of discharge, reduction or 
suspension for more than thirty days the appointing officer shall furnish the 
subordinate so discharged, reduced or suspended, and also the Commission, a 
copy of the order of discharge, reduction or suspension and also his reasons 



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for such action. The Commission may in all cases, and upon the written 
request of any subordinate discharged, reduced or suspended after the 
termination of the probationary period, shall investigate, and if it shall find 
that the intent and spirit of the provisions of the Charter have been violated in 
such discharge, reduction or suspension, it shall report its findings to the 
Mayor, and [such findings so reported shall be sufficient cause for the 
removal by him of the officer guilty of such violation.] THE APPOINTING 
OFFICER SHALL TAKE SUCH ACTION AS DIRECTED BY THE 
COMMISSION TO RECTIFY THE VIOLATION. 

SEC. 2. AND BE IT FURTHER RESOLVED, That the foregoing 
proposed amendment to Section 118(a) of Article VII of the Charter of 
Baltimore City (1964 Revision, as amended) shall be submitted to the legal 
and qualified voters of this City at the next general election to be held in 
November, 1992, for adoption or rejection in accordance with the provisions 
of Article XI-A, Section 5 of the Constitution of Maryland, in the following 
form: 

CHARTER AMENDMENT 

Providing that employees and officers in the Classified Civil 

Service may be removed, dismissed, reduced or suspended 

only for cause, and providing for remedial action. 

FOR CHARTER AMENDMENT 

AGAINST CHARTER AMENDMENT 

Approved July 2, 1992 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 7 

(Council Bill No. 370) 

A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS 
(ARCADE LIMITED PARTNERSHIP PROJECT) - $16,000,000 



425 



Res. No. 7 



FOR the purpose of authorizing and empowering the Mayor and City Council 
of Baltimore to issue and sell, at any time or from time to time, and in 
one or more series, as limited obligations and not upon its full faith and 
credit or pledge of its taxing power, its economic development revenue 
bonds, in the aggregate principal amount not to exceed Sixteen Million 
Dollars ($16,000,000) pursuant to and in accordance with the Maryland 
Economic Development Revenue Bond Act, Sections 14-101 to 14-109, 
inclusive, of Article 41 of the Annotated Code of Maryland (1990 
Replacement Volume and 1 QQ 1 Supplement), for the purpose of 
refinancing the cost of acq ;on by Arcade Limited Partnership of a 
building known as the Lexington Market Arcade in the City of 
Baltimore, including certain equipment contained therein, and paying 
other costs related thereto to the extent permitted by the Act and agreed 
to by the City (including, without limitation, costs of issuance of the 
revenue bonds and the repayment of all or a portion of the equity 
investment in such building to the respective investors); making certain 
legislative findings; reserving in the City certain rights concerning the 
issuance of such bonds; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions, and the Mayor, by 
executive order or otherwise, either before or after the issuance, sale and 
delivery of such bonds, to (a) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and the 
time or times of issuance, and any and all other details of such economic 
development revenue bonds and (b) do any and all things necessary, 
proper or expedient in connection with the issuance and sale of such 
bonds, including entering into certain supplements or amendments to the 
Ground and Building Lease between Arcade Limited Partnership and the 
City with respect to the Lexington Market Arcade; providing that such 
bonds or bond anticipation notes issued in anticipation of the issuance of 
such bonds must be issued and sold within six months from the date this 
resolution is approved by the Mayor, unless the Board of Finance or the 
Mayor approves one six-month extension as provided in this Resolution; 
authorizing the issuance of notes in anticipation of the issuance of such 
bonds; and generally providing for and determining various matters and 
details in connection with the issuance and sale of such bonds and bond 
anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 
14-101 to 14-109, inclusive, of Article 41 of the Annotated Code of Maryland 



426 



Res. No. 7 



(1990 Replacement Volume and 1991 Supplement) (the "Act"), provides that 
in order to accomplish the legislative policy of the Act, the Mayor and City 
Council of Baltimore (the "City") and any other public body (as defined in the 
Act) may issue and sell its bonds (as defined in the Act), as its limited 
obligations and not upon its full faith and credit or pledge of its taxing power, 
at any time or from time to time, for the purpose of financing or refinancing 
any costs of the acquisition (as defined in the Act) of one or more facilities 
(as defined in the Act) for one or more facility users (as defined in the Act), 
including the necessary expenses of preparing, printing, selling, and issuing 
those bonds, the funding of reserves, and the payment of interest with respect 
to financing such acquisition in such amounts, or for such period, as the 
public body deems reasonable. 

The powers granted to the City by the Act are for the legislative 
purposes of (i) relieving conditions of unemployment in the State and in 
Baltimore City, (ii) encouraging the increase of industry and commerce and a 
balanced economy in the State of Maryland (the "State") and in Baltimore 
City, (iii) assisting in the retention of existing industry and commerce and in 
the attraction of new industry and commerce in the State and in Baltimore 
City, (iv) promoting economic development in the State and in Baltimore 
City, and (v) promoting the general health, welfare and safety of the residents 
of the State and Baltimore City. 

Pursuant to an Installment Sale Agreement dated as of November 1, 1984 
(the "Installment Sale Agreement") between Arcade Limited Partnership (the 
"Borrower") and the Mayor and City Council of Baltimore, Maryland (the 
"City"), the Borrower purchased a building known as the Lexington Market 
Arcade consisting of approximately 33,450 square feet and connected to the 
existing east market of the Lexington Market complex located in the City of 
Baltimore, Maryland. Simultaneously with the acquisition of the Lexington 
Market Arcade, certain members of the Arcade Limited Partnership acquired 
certain equipment for the building from the City and issued promissory notes 
to the City in connection therewith. The equipment and the Lexington 
Market Arcade building are referred to herein collectively as the "Facility." 
Pursuant to a Ground and Building Lease dated as of November 1, 1984 (the 
"Ground and Building Lease") between the Borrower and the City, the 
Borrower leased to the City the building, the improvements thereon and the 
equipment referred to therein. 

The City has received a letter of intent dated September 28, 1992 (the 
"Letter of Intent") from the Borrower, pursuant to which the Borrower has 
requested the City to issue and sell its economic development revenue bonds, 



427 



Res. No. 7 



as its limited obligations and not upon its full faith and credit or pledge of its 
taxing power, at any time or from time to time and in one or more series, in 
an aggregate principal amount not to exceed Sixteen Million Dollars 
($16,000,000) (the "Bonds"), for the purpose of refinancing the cost of 
acquisition of the Facility and paying other costs related thereto to the extent 
permitted by the Act and agreed to by the City (including, without limitation, 
costs of issuance of the Bonds and the repayment of all or a portion of the 
equity investment in the Facility to the respective investors). 

The Borrower acknowledges in the Letter of Intent that the City reserves 
certain rights concerning the issuance of the Bonds as provided in Section 6 
hereof. The City, based upon the findings and determinations set forth 
below, has determined to issue, sell and deliver, at any time or from time to 
time and in one or more series, its Bonds in an aggregate principal amount 
not to exceed Sixteen Million Dollars ($16,000,000), and to lend the proceeds 
of the Bonds for the benefit of the Borrower upon the terms and conditions of 
one or more loan or financing agreements to be entered into between the City 
and the Borrower (and any other parties necessary to implement and 
consummate the transaction), such proceeds to be used by the Borrower for 
the purpose of refinancing the cost of acquisition of the Facility and paying 
other costs related thereto to the extent permitted by the Act and agreed to by 
the City, including, without limitation, costs of issuance of the Bonds, and 
payment of an administrative fee and repayment of all or a portion of the 
equity investment in the Facility to the respective investors. 

The Act provides that the City may authorize and empower the Board of 
Finance of the City (the "Board"), by resolution, or the Mayor, by executive 
order or otherwise, to determine and set forth the form, terms, provisions, 
manner, or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof, and to do any and all 
things necessary, proper or expedient in connection with the issuance and sale 
of the Bonds; now, therefore, in accordance with the Act: 

SECTION 1. BE IT RESOLVED BY MAYOR AND CITY COUNCIL 
OF BALTIMORE, That acting pursuant to the Act it is hereby found and 
determined as follows: 

1.1. The Borrower is a "facility applicant" and a "facility user" within 
the meaning of the Act; the Facility is a "facility" within the meaning of the 
Act; and this Resolution is a "resolution" within the meaning of the Act. 



428 






Res. No. 7 



1.2. The acquisition of the Facility and the financing thereof has 
promoted, and the refinancing thereof and payment of other costs authorized 
herein will continue to promote, the declared legislative purposes of the Act 
by (a) relieving conditions of unemployment in the State and in Baltimore 
City; (b) encouraging the increase of industry and commerce and a balanced 
economy in the State and in Baltimore City; (c) assisting in the retention of 
existing industry and commerce and in the attraction of new industry and 
commerce in the State and in Baltimore City; (d) promoting economic 
development; and (e) generally promoting the health, welfare and safety of 
the residents of the State and Baltimore City. 

1.3. The Bonds and the interest thereon will be limited obligations of the 
City and the principal of, premium, if any, and interest thereon shall be 
payable solely from the revenues received in connection with the financing of 
the Facility or from any other monies made available to the City for such 
purpose. Any bond anticipation notes shall also be payable from the proceeds 
of the Bonds in anticipation of which such notes were issued. Neither the 
Bonds nor the interest thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statutory limitation and 
neither shall constitute or give rise to any pecuniary liability of the City. 

1 .4. Neither the proceeds of the Bonds nor the payments of the principal 
of, premium, if any, and interest on the Bonds will be commingled with the 
City's funds or will be subject to the absolute control of the City, but will be 
subject only to limited supervision and the City shall retain only those rights 
as are deemed necessary or desirable by the City to ensure that the proceeds 
of the Bonds are used to accomplish the public purposes of the Act and this 
Resolution. The transactions provided for hereby do not constitute any 
physical public betterment or improvement or the acquisition of property for 
public use or the purchase of equipment for public use, except to the extent 
that the City may be a tenant of all or a portion of the Facility on the same 
basis as any other tenant. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this Resolution, 
among other things, evidences the present intent of the City to issue, sell and 
deliver the Bonds in accordance with the terms and provisions of the 
Resolution. The Mayor of the City (the "Mayor") is hereby authorized, 
empowered and directed to accept the Letter of Intent on behalf of the City in 
order to further evidence the present intent of the City to issue and sell the 
Bonds in accordance with the terms and provisions of the Resolution. 



429 



Res. No. 7 



SEC. 3. AND BE IT FURTHER RESOLVED, That the City is hereby 
authorized and empowered to issue, sell and deliver the Bonds, at any time or 
from time to time in one or more series, in an aggregate principal amount not 
to exceed Sixteen Million Dollars ($16,000,000), subject to the provisions of 
this Resolution. For the purposes of applying the foregoing limitation in the 
event that any refunding bonds or bonds issued to repay bond anticipation 
notes are issued, the outstanding principal amount of any bonds or bond 
anticipation notes, respectively, provisions for the payment of which have 
been made from the proceeds of such refunding bonds or such bonds, 
respectively, or from other sources, shall not be taken into account when 
determining the aggregate principal amount of bonds issued sold and delivered 
pursuant to this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds shall 
mature within forty (40) years of their issuance. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the City will lend 
the proceeds of the Bonds to the Borrower pursuant to the terms and 
provisions of a loan agreement (within the meaning of the Act) or a financing 
agreement (the "Loan Agreement"), to be used by the Borrower for the 
purpose of refinancing the cost of acquisition of the Facility and paying other 
costs related thereto to the extent permitted by the Act and agreed to by the 
City (including, without limitation, costs of issuance of the Bonds and the 
repayment of all or a portion of the equity investment in the Facility to the 
respective investors). The Loan Agreement will provide that the Borrower 
will make payments which will be sufficient to enable the City to pay the 
principal of, premium, if any, and interest on the Bonds when and as the 
same become due and payable. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the City reserves 
the right, and in its sole and absolute discretion, to take any action deemed 
necessary by the City in order to ensure that the City (a) complies with 
present federal and state laws and any pending or future federal or state 
legislation, whether proposed or enacted, which may affect or restrict the 
issuance of the Bonds, and (b) issues its bonds, within the limits imposed by 
any zh laws, or any such pending or future legislation or any future local 
laws, to finance or refinance those facilities which the City determines, in its 
sole and absolute discretion, will provide the greatest benefit to the City. 

In particular, the City reserves the right to choose to issue its bonds 
(within the meaning of the Act and any present or future state or local laws) 



430 



Res. No. 7 



in such order of priority as it may determine in its sole and absolute 
discretion. 

Pursuant to the provisions of this Section 6, the City reserves the right in 
its sole and absolute discretion to, among other things, (a) never issue the 
Bonds, (b) issue only a portion of the aggregate principal amount of the 
Bonds requested by the Borrower, (c) restrict the use of the proceeds of the 
Bonds, (d) subject to Section 12 hereof, delay the issuance of the Bonds, or 
(e) take any other actions deemed necessary by the City, in its sole and 
absolute discretion, in order to ensure that the City achieves the goals set 
forth in the preceding paragraph. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the Bonds shall be 
executed in the name of the City and on its behalf by the Mayor by his 
manual or facsimile signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal of the City or a 
facsimile thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian or Alternate Custodian of the City Seal by her 
manual or facsimile signature. The Mayor, the Director of Finance of the 
City, the Custodian or Alternate Custodian of the City Seal and other officials 
of the City are hereby authorized and empowered to do all such acts and 
things and to execute, acknowledge, enseal and deliver on behalf of the City 
such documents and certificates, including (without limitation) the Loan 
Agreement, as the Board of Finance or the Mayor may determine to be 
necessary or desirable to carry out and comply with the provisions of this 
Resolution, subject to the limitations set forth in the Act and any limitations 
set forth in this Resolution. If any officer whose signature or a facsimile of 
his signature appears on the Bonds or any of the aforesaid documents ceases 
to be such officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile shall nevertheless be 
valid and sufficient for all purposes, the same as if such officer had remained 
in office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted by 
the Act, the Bonds either may be sold at a private (negotiated) sale, at par or 
at such other prices as the Board of Finance or the Mayor deems appropriate, 
or may be sold at a public sale, at par, above par or below par, in either or 
both of which events, the Bonds shall be sold in such manner, at such times, 
and upon such terms and conditions as the Board of Finance or the Mayor 
deems to be in the best interest of the City. 



431 



Res. No. 7 



SEC. 9. AND BE IT FURTHER RESOLVED, that prior to the 
issuance, sale and delivery of the Bonds, the Board of Finance by a resolution 
or resolutions, or the Mayor by executive order or otherwise: 

9.1. Shall prescribe the form, tenor, terms and conditions of and 
security for the Bonds; 

9.2. Shall prescribe the principal amount, rate or rates of interest, 
denomination or denominations, date, maturity or maturities (within the limits 
prescribed by the Act and the Code), for the Bonds; 

9.3. May appoint a trustee or trustees, a bond registrar and a paying 
agent or agents for the Bonds; 

9.4. Shall approve the form and contents of, and the execution and 
delivery of (where applicable), the Loan Agreement, and such documents, 
including (without limitation) trust agreements, assignments, mortgages, deeds 
of trust, guarantees and security instruments to which the City is, or may 
become a party or beneficiary and which may be necessary or desirable to 
effectuate the issuance, sale and delivery of the Bonds; 

9.5. Shall determine the time of execution, issuance, sale and delivery 
of the Bonds, and prescribe any and all other details of the Bonds; 

9.6. Shall determine the method, and approve the terms, of the sale of 
the Bonds, as provided in Section 8 of this Resolution; 

9.7. Shall provide for the direct payment by the Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in connection with the 
issuance, sale and delivery of the Bonds, including (without limitation) costs 
of printing (if any) and issuing the Bonds, legal expenses (including the fees 
of bond counsel) and the compensation to any person (other than full-time 
employees of the City) performing services by or on behalf of the City in 
connection therewith; 

9.8. May provide for the issuance and sale (subject to the passage at the 
time of the appropriate resolution authorizing the same) of one or more series 
of additional bonds and one or more series of refunding bonds; 

9.9. May provide for the funding of reserves for the Bonds and for the 
payment of interest on the Bonds in such amounts, or for such period, as the 
Board of Finance or the Mayor deems reasonable; 



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Res. No. 7 



9.10. May provide for the execution and delivery on behalf of the City 
of such supplements, modifications or amendments to the Ground and 
Building Lease as may be deemed necessary or desirable in connection with 
the issuance of the Bonds, subject only to the limitation that the rent payable 
by the City in any year under the Ground and Building Lease shall not be 
increased as a result of any such supplement, modification or amendment; and 

9.11. May specify, prescribe, determine, provide for or approve such 
other matters, details, forms, documents or procedures and do any and all 
things necessary or appropriate for the authorization, sale, security, issuance, 
delivery or payment of or for the Bonds and in order to accomplish the 
legislative policy of the Act and the public purposes of this Resolution, 
subject to the limitations set forth in the Act and any limitations prescribed by 
this Resolution. 

SEC. 10. BE IT FURTHER RESOLVED, That the Board of Finance is 
hereby authorized and empowered to adopt one or more resolutions from time 
to time, either before or after the issuance, sale and delivery of the Bonds, to 
supplement the resolution or resolutions referred to in the provisions of 
Section 9 hereof, and the Mayor is hereby authorized and empowered, by 
executive order or otherwise, either before or after the issuance, sale and 
delivery of the Bonds, to supplement the executive order referred to in the 
provisions of Section 9 hereof, and thereby approve amendments or 
supplements to or substitutes for the forms and provisions of Bonds, the Loan 
Agreement, any trust agreement or similar agreements and all other 
documents approved by such resolution or resolutions or executive order or 
executive orders, provided that each supplemental resolution or supplemental 
executive order and each such amendment, supplement or substitute shall be 
in accordance with the provisions of the Act, this Resolution and the 
documents executed in connection with the Bonds and then in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions of 
this Resolution are severable, and if any provision, sentence, clause, section 
or part hereof is held to be illegal, invalid or unconstitutional or inapplicable 
to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts of this Resolution 
or their application to other persons or circumstances. It is hereby declared to 
be the legislative intent that this Resolution would have been passed if such 
illegal, invalid or unconstitutional provisions, sentence, clause, section or part 
had not been included herein, and if the person or circumstances to which this 



433 



Res. No. 8 



Resolution or any part hereof is inapplicable had been specifically exempted 
herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That either the Bonds 
or any bond anticipation notes must be issued and sold and within six (6) 
months from the date on which this Resolution is approved by the Mayor, 
provided, however, that (a) the Mayor, by executive order or otherwise, after 
a showing of good cause, prior to or after the expiration of such six month 
period, or (b) the Board of Finance, after showing of good cause at a public 
hearing held before the Board of Finance prior to or after the expiration of 
such six month period, may extend the period during which either the Bonds 
or any notes in anticipation thereof may be issued and sold for one additional 
term not exceeding six (6) months from the date on which the first six month 
period expires. The Board of Finance or Mayor shall have sole and absolute 
discretion without action by the City Council of the City to determine the 
sufficiency or lack of sufficiency of any reason, if any is given, for the 
requested extension for the first six month period. If an extension is granted, 
notice of such extension and the reasons therefore must be sent to the City 
Council. To the extent that neither the Bonds nor such bond anticipation 
notes are issued and sold within twelve (12) months from the date on which 
this Resolution is approved by the Mayor, the authority provided in this 
Resolution for the City to issue and sell the bonds and any bond anticipation 
notes shall expire; provided, however, that the expiration of the authority to 
issue the Bonds, contained in this Resolution, shall not affect the present 
intent of the City to issue the Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
RESOLUTION NO. 8 
(Council Bill No. 371) 
A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS 



434 



Res. No. 8 



(THE ARMISTEAD PARTNERSHIP PROJECT) - $11,000,000 

FOR the purpose of authorizing and empowering the Mayor and City Council 
of Baltimore to issue and sell, at any time or from time to time, and in 
one or more series, as limited obligations and not upon its full faith and 
credit or pledge of its taxing power, its economic development revenue 
bonds, in the aggregate principal amount not to exceed Eleven Million 
Dollars ($11,000,000) pursuant to and in accordance with the Maryland 
Economic Development Revenue Bond Act, Sections 14-101 to 14-109, 
inclusive, of Article 41 of the Annotated Code of Maryland (1990 
Replacement Volume and 1991 Supplement), for the purposes of 
refunding the outstanding Baltimore City, Maryland Industrial 
Development Revenue Bonds (The Armistead Partnership Project), 1979 
Series, which bonds were issued and sold to finance the acquisition of an 
office building at Holliday and Fayette Streets in Baltimore City, and 
paying certain other costs in connection therewith to the extent permitted 
under the Act (including, without limitation, costs of issuance of the 
revenue bonds and the repayment of all or a portion of the equity 
investment in such building to the respective investors); making certain 
legislative findings; reserving in the City certain rights concerning the 
issuance of such bonds; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions, and the Mayor, by 
executive order or otherwise, either before or after the issuance, sale and 
delivery of such bonds, to (a) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and the 
time or times of issuance, and any and all other details of such economic 
development revenue bonds and (b) do any and all things necessary, 
proper or expedient in connection with the issuance and sale of such 
bonds, including entering into certain supplements or amendments to the 
lease agreement between the City and The Armistead Partnership with 
respect to the office building; providing that such bonds or bond 
anticipation notes issued in anticipation of the issuance of such bonds 
must be issued and sold within six months from the date this resolution is 
approved by the Mayor, unless the Board of Finance or the Mayor 
approves one six-month extension as provided in this Resolution; 
authorizing the issuance of notes in anticipation of the issuance of such 
bonds; and generally providing for and determining various matters and 
details in connection with the issuance and sale of such bonds and bond 
anticipation notes. 



435 



Res. No. 8 



RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 
14-101 to 14-109, inclusive, of Article 41 of the Annotated Code of Maryland 
(1990 Replacement Volume and 1991 Supplement) (the "Act"), provides that 
in order to accomplish the legislative policy of the Act, the Mayor and City 
Council of Baltimore (the "City") and any other public body (as defined in the 
Act) may issue and sell its bonds (as defined in the Act), as its limited 
obligations and not upon its full faith and credit or pledge of its taxing power, 
at any time or from time to time, for the purpose of financing or refinancing 
any costs of the acquisition (as defined in the Act) of one or more facilities 
(as defined in the Act) for one or more facility users (as defined in the Act) 
or of refunding outstanding bonds, including the necessary expenses of 
preparing, printing, selling, and issuing those bonds, the funding of reserves, 
and the payment of interest with respect to financing such acquisition in such 
amounts, or for such period, as the public body deems reasonable. The 
powers granted to the City by the Act are for the legislative purposes of 
(i) relieving conditions of unemployment in the State and in Baltimore City, 
(ii) encouraging the increase of industry and commerce and a balanced 
economy in the State of Maryland (the "State") and in Baltimore City, 
(iii) assisting in the retention of existing industry and commerce and in the 
attraction of new industry and commerce in the State and in Baltimore City, 
(iv) promoting economic development in the State and in Baltimore City, and 
(v) promoting the general health, welfare and safety of the residents of the 
State and Baltimore City. 

On August 28, 1981, the City issued and sold its Baltimore City, 
Maryland Industrial Development Revenue Bonds (The Armistead Partnership 
Project), 1979 Series, in the aggregate principal amount of Seven Million 
Four Hundred Thirty-Five Thousand Dollars ($7,435,000) (the "Prior 
Bonds") and loaned the proceeds thereof to The Armistead Partnership (the 
"Borrower"), for the purpose of financing the acquisition and construction of 
an eight-story office building at the corner of Holliday and Fayette Streets in 
Baltimore City (the "Facility"). 

The Prior Bonds were issued under a Trust Agreement dated as of 
August 28, 1981 between the City and The First National Bank of Maryland, 
as trustee and pursuant to (a) the Act, (b) Ordinance No. 1163 of the 1979 
Legislative Session of the City, passed by the City Council of the City on 
August 7, 1979 and approved by the Mayor or the City (the "Mayor") on 
August 13, 1979, as supplemented by Ordinance No. 123 of the 1980 
Legislative Session passed by the City Council of the City on July 2, 1980, 



436 



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approved by the Mayor on July 11, 1980, as amended by Ordinance No. 376 
of the 1981 Legislative Session passed by the City Council of the City on 
June 24, 1981, approved by the Mayor on June 30, 1981, and (c) a resolution 
of the Board of Finance of the City adopted on July 15, 1981. 

The Facility constitutes and is operated by the Borrower as an eight-story 
office building containing approximately 71,000 square feet of usable space 
located at the corner of Hoiliday and Fayette Streets, together with 
(i) necessary or desirable equipment, tenant improvements, fixtures and 
machinery, (ii) the land site and interests in land necessary or desirable for 
the Facility, together with roads or other rights of access, utilities and other 
necessary or desirable facilities, and (iii) all improvements, modifications and 
additions to all or any portion of the Facility. Portions of the Facility are 
currently leased by the Borrower to the City pursuant to a Building Lease 
dated May 13, 1981, as amended by an Amendment to Lease dated August 5, 
1981, each between the City and the Borrower (the "City Lease"), and to the 
Municipal Employees Credit Union of Baltimore, Inc. ("MECU") pursuant to 
a Building Lease dated August 28, 1981 between MECU and the Borrower. 

The City has received a letter of intent dated September 28, 1992 (the 
"Letter of Intent") from the Borrower, pursuant to which the Borrower has 
requested the City to issue and sell its economic development revenue bonds, 
as its limited obligations and not upon its full faith and credit or pledge of its 
taxing power, at any time or from time to time and in one or more series, in 
an aggregate principal amount not to exceed Eleven Million Dollars 
($11,000,000) (the "Bonds"), pursuant to and in accordance with the Act, for 
the purpose of refunding the outstanding Prior Bonds, including the payment 
of all accrued and unpaid interest and redemption premiums, if any, on the 
Prior Bonds, and paying certain other costs in connection therewith to the 
extent permitted under the Act (including, without limitation, costs of issuance 
of the Bonds and payment of an administrative fee and repayment of all or a 
portion of the equity investment in the Facility to the respective investors). 

The Letter of Intent expresses the Borrower's intention that the interest 
payable on the portion of the Bonds issued to pay the outstanding principal of 
the Prior Bonds shall be exempt from federal income taxation pursuant to 
Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), 
and the Borrower represents in the Letter of Intent that such Bonds will not 
be subject to the City's volume cap pursuant to Section 146(i) of the Code. 
The Letter of Intent expresses the Borrower's intention that the interest 
payable on the remainder of the Bonds will not be exempt from federal 
income taxation. The Borrower acknowledges in the Letter of Intent that the 



437 



Res. No. 8 



City reserves certain rights concerning the issuance of the Bonds as provided 
in Section 6 hereof. 

The City, based upon the findings and determinations set forth below, 
has determined to issue, sell and deliver, at any time or from time to time and 
in one or more series, its Bonds in an aggregate principal amount not to 
exceed Eleven Million Dollars ($11,000,000), and to lend the proceeds of the 
Bonds for the benefit of the Borrower upon the terms and conditions of one 
or more loan or financing agreements to be entered into between the City and 
the Borrower (and any other parties necessary to implement and consummate 
the transaction), such proceeds to be used by the Borrower to refund the Prior 
Bonds and pay such other costs as may be permitted by the Act and agreed to 
by the City (including, without limitation, costs of issuance of the Bonds and 
the repayment of all or a portion of the equity investment in the Facility to the 
respective investors). 

The Act provides that the City may authorize and empower the Board of 
Finance of the City (the "Board"), by resolution, or the Mayor, by executive 
order or otherwise, to determine and set forth the form, terms, provisions, 
manner, or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof, and to do any and all 
things necessary, proper or expedient in connection with the issuance and sale 
of the Bonds; now, therefore, in accordance with the Act: 

SECTION 1. BE IT RESOLVED BY MAYOR AND CITY COUNCIL 
OF BALTIMORE, That acting pursuant to the Act it is hereby found and 
determined as follows: 

1.1. The Borrower is a "facility applicant" and a "facility user" within 
the meaning of the Act; the Facility is a "facility" within the meaning of the 
Act; and this Resolution is a "resolution" within the meaning of the Act. 

1.2. The acquisition of the Facility and the financing thereof has 
promoted, and the refunding of the Prior Bonds and payment of other costs 
authorized herein will continue to promote, the declared legislative purposes 
of the Act by (a) relieving conditions of unemployment in the State and in 
Baltimore City; (b) encouraging the increase of industry and commerce and a 
balanced economy in the State and in Baltimore City; (c) assisting in the 
retention of existing industry and commerce and in the attraction of new 
industry and commerce in the State and in Baltimore City; (d) promoting 



438 



Res. No. 8 



economic development; and (e) generally promoting the health, welfare and 
safety of the residents of the State and Baltimore City. 

1.3. The Bonds and the interest thereon will be limited obligations of the 
City and the principal of, premium, if any, and interest thereon shall be 
payable solely from the revenues received in connection with the financing of 
the Facility or from any other monies made available to the City for such 
purpose. Any bond anticipation notes shall also be payable from the proceeds 
of the Bonds in anticipation of which such notes were issued. Neither the 
Bonds nor the interest thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statutory limitation and 
neither shall constitute or give rise to any pecuniary liability of the City. 

1.4. Neither the proceeds of the Bonds nor the payments of the principal 
of, premium, if any, and interest on the Bonds will be commingled with the 
City's funds or will be subject to the absolute control of the City, but will be 
subject only to limited supervision and the City shall retain only those rights 
as are deemed necessary or desirable by the City to ensure that the proceeds 
of the Bonds are used to accomplish the public purposes of the Act and this 
Resolution. The transactions provided for hereby do not constitute any 
physical public betterment or improvement or the acquisition of property for 
public use or the purchase of equipment for public use, except to the extent 
that the City may be a tenant of all or a portion of the Facility on the same 
basis as any other tenant. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this Resolution, 
among other things, evidences the present intent of the City to issue, sell and 
deliver the Bonds in accordance with the terms and provisions of the 
Resolution. The Mayor of the City (the "Mayor") is hereby authorized, 
empowered and directed to accept the Letter of Intent on behalf of the City in 
order to further evidence the present intent of the City to issue and sell the 
Bonds in accordance with the terms and provisions of the Resolution. 

SEC. 3. AND BE IT FURTHER RESOLVED, That the City is hereby 
authorized and empowered to issue, sell and deliver the Bonds, at any time or 
from time to time in one or more series, in an aggregate principal amount not 
to exceed Eleven Million Dollars ($11,000,000), subject to the provisions of 
this Resolution. For the purposes of applying the foregoing limitation in the 
event that any refunding bonds or bonds issued to repay bond anticipation 
notes are issued, the outstanding principal amount of any bonds or bond 
anticipation notes, respectively, provisions for the payment of which have 



439 



Res. No. 8 



been made from the proceeds of such refunding bonds or such bonds, 
respectively, or from other sources, shall not be taken into account when 
determining the aggregate principal amount of bonds issued sold and delivered 
pursuant to this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds shall 
mature within forty (40) years of their issuance. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the City will lend 
the proceeds of the Bonds to the Borrower pursuant to the terms and 
provisions of one or more loan agreements (within the meaning of the Act) or 
financing agreements (the "Loan Agreement"), to be used by the Borrower 
for the purpose of refunding the Prior Bonds and paying such other costs as 
may be permitted by the Act and agreed upon by the City (including, without 
limitation, costs of issuance of the Bonds and the repayment of all or a 
portion of the equity investment in the Facility to the respective investors). 
The Loan Agreement will provide that the Borrower will make payments 
which will be sufficient to enable the City to pay the principal of, premium, if 
any, and interest on the Bonds when and as the same become due and 
payable. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the City reserves 
the right, and in its sole and absolute discretion, to take any action deemed 
necessary by the City in order to ensure that the City (a) complies with 
present federal and state laws and any pending or future federal or state 
legislation, whether proposed or enacted, which may affect or restrict the 
issuance of the Bonds, and (b) issues its bonds, within the limits imposed by 
any such laws, or any such pending or future legislation or any future local 
laws, to finance or refinance those facilities which the City determines, in its 
sole and absolute discretion, will provide the greatest benefit to the City. 

In particular, the City reserves the right to choose to issue its bonds 
(within the meaning of the Act and any present or future state or local laws) 
in such order of priority as it may determine in its sole and absolute 
discretion. 

Pursuant to the provisions of this Section 6, the City reserves the right in 
its sole and absolute discretion to, among other things, (a) never issue the 
Bonds, (b) issue only a portion of the aggregate principal amount of the 
Bonds requested by the Borrower, (c) restrict the use of the proceeds of the 
Bonds, (d) subject to Section 12 hereof, delay the issuance of the Bonds, or 
(e) take any other actions deemed necessary by the City, in its sole and 



440 



Res. No. 8 



absolute discretion, in order to ensure that the City achieves the goals set 
forth in the preceding paragraph. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the Bonds shall be 
executed in the name of the City and on its behalf by the Mayor by his 
manual or facsimile signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal of the City or a 
facsimile thereof shall be impressed or otherwise reproduced thereon and 
attested by the Custodian or Alternate Custodian of the City Seal by her 
manual or facsimile signature. The Mayor, the Director of Finance of the 
City, the Custodian or Alternate Custodian of the City Seal and other officials 
of the City are hereby authorized and empowered to do all such acts and 
things and to execute, acknowledge, enseal and deliver on behalf of the City 
such documents and certificates, including (without limitation) the Loan 
Agreement, as the Board of Finance or the Mayor may determine to be 
necessary or desirable to carry out and comply with the provisions of this 
Resolution, subject to the limitations set forth in the Act and any limitations 
set forth in this Resolution. If any officer whose signature or a facsimile of 
his signature appears on the Bonds or any of the aforesaid documents ceases 
to be such officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile shall nevertheless be 
valid and sufficient for all purposes, the same as if such officer had remained 
in office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted by 
the Act, the Bonds either may be sold at a private (negotiated) sale, at par or 
at such other prices as the Board of Finance or the Mayor deems appropriate, 
or may be sold at a public sale, at par, above par or below par, in either or 
both of which events, the Bonds shall be sold in such manner, at such times, 
and upon such terms and conditions as the Board of Finance or the Mayor 
deems to be in the best interest of the City. 

SEC. 9. AND BE IT FURTHER RESOLVED, That prior to the 
issuance, sale and delivery of the Bonds, the Board of Finance by a resolution 
or resolutions, or the Mayor by executive order or otherwise: 

9.1. Shall prescribe the form, tenor, terms and conditions of and security 
for the Bonds; 

9.2. Shall prescribe the principal amount, rate or rates of interest, 
denomination or denominations, date, maturity or maturities (within the limits 
prescribed by the Act and the Code), for the Bonds; 



441 



Res. No. 8 



9.3. May appoint a trustee or trustees, a bond registrar and a paying 
agent or agents for the Bonds; 

9.4. Shall approve the form and contents of, and the execution and 
delivery of (where applicable), the Loan Agreement, and such documents, 
including (without limitation) trust agreements, assignments, mortgages, deeds 
of trust, guarantees and security instruments to which the City is, or may 
become a party or beneficiary and which may be necessary or desirable to 
effectuate the issuance, sale and delivery of the Bonds; 

9.5. Shall determine the time of execution, issuance, sale and delivery of 
the Bonds, and prescribe any and all other details of the Bonds; 

9.6. Shall determine the method, and approve the terms, of the sale of 
the Bonds, as provided in Section 8 of this Resolution; 

9.7. Shall provide for the direct payment by the Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in connection with the 
issuance, sale and delivery of the Bonds, including (without limitation) costs 
of printing (if any) and issuing the Bonds, legal expenses (including the fees 
of bond counsel) and the compensation to any person (other than full-time 
employees of the City) performing services by or on behalf of the City in 
connection therewith; 

9.8. May provide for the issuance and sale (subject to the passage at the 
time of the appropriate resolution authorizing the same) of one or more series 
of additional bonds and one or more series of refunding bonds; 

9.9. May provide for the funding of reserves for the Bonds and for the 
payment of interest on the Bonds in such amounts, or for such period, as the 
Board of Finance or the Mayor deems reasonable; and 

9.10. May provide for the execution and delivery on behalf of the City 
of such supplements, modifications or amendments to the City Lease as may 
be deemed necessary or desirable in connection with the issuance of the 
Bonds, subject only to the limitation that the rent payable by the City in any 
year under the City Lease shall not be increased as a result of any such 
supplement, modification or amendment. 

9.11. May specify, prescribe, determine, provide for or approve such 
other matters, details, forms, documents or procedures and do any and all 



442 



Res. No. 8 



things necessary or appropriate for the authorization, sale, security, issuance, 
delivery or payment of or for the Bonds and in order to accomplish the 
legislative policy of the Act and the public purposes of this Resolution, 
subject to the limitations set forth in the Act and any limitations prescribed by 
this Resolution. 

SEC. 10. BE IT FURTHER RESOLVED, That the Board of Finance is 
hereby authorized and empowered to adopt one or more resolutions from time 
to time, either before or after the issuance, sale and delivery of the Bonds, to 
supplement the resolution or resolutions referred to in the provisions of 
Section 9 hereof, and the Mayor is hereby authorized and empowered, by 
executive order or otherwise, either before or after the issuance, sale and 
delivery of the Bonds, to supplement the executive order referred to in the 
provisions of Section 9 hereof, and thereby approve amendments or 
supplements to or substitutes for the forms and provisions of Bonds, the Loan 
Agreement, any trust agreement or similar agreements and all other 
documents approved by such resolution or resolutions or executive order or 
executive orders, provided that each supplemental resolution or supplemental 
executive order and each such amendment, supplement or substitute shall be 
in accordance with the provisions of the Act, this Resolution and the 
documents executed in connection with the Bonds and then in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions of 
this Resolution are severable, and if any provision, sentence, clause, section 
or part hereof is held to be illegal, invalid or unconstitutional or inapplicable 
to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts of this Resolution 
or their application to other persons or circumstances. It is hereby declared to 
be the legislative intent that this Resolution would have been passed if such 
illegal, invalid or unconstitutional provisions, sentence, clause, section or part 
had not been included herein, and if the person or circumstances to which this 
Resolution or any part hereof is inapplicable had been specifically exempted 
herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That either the Bonds 
or any bond anticipation notes must be issued and sold and within six (6) 
months from the date on which this Resolution is approved by the Mayor, 
provided, however, that (a) the Mayor, by executive order or otherwise, after 
a showing of good cause, prior to or after the expiration of such six month 
period, or (b) the Board of Finance, after showing of good cause at a public 
hearing held before the Board of Finance prior to or after the expiration of 



443 



Res. No. 8 



such six month period, may extend the period during which either the Bonds 
or any notes in anticipation thereof may be issued and sold for one additional 
term not exceeding six (6) months from the date on which the first six month 
period expires. The Board of Finance or Mayor shall have sole and absolute 
discretion without action by the City Council of the City to determine the 
sufficiency or lack of sufficiency of any reason, if any is given, for the 
requested extension for the first six month period. If an extension is granted, 
notice of such extension and the reasons therefore must be sent to the City 
Council. To the extent that neither the Bonds nor such bond anticipation 
notes are issued and sold within twelve (12) months from the date on which 
this Resolution is approved by the Mayor, the authority provided in this 
Resolution for the City to issue and sell the bonds and any bond anticipation 
notes shall expire; provided, however, that the expiration of the authority to 
issue the Bonds, contained in this Resolution, shall not affect the present 
intent of the City to issue the Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved November 20, 1992 

KURT L. SCHMOKE, Mayor 



444 



ORDINANCES AND RESOLUTIONS 1991 - 1992 INDEX 

ORD PAGE 

A 

Airplanes 53 92 

Alley south of Clifton Avenue, extending westerly from 

Denison Street to Edge wood Street - Street Closing .37 51 

Alley south of Clifton Avenue, extending westerly from 

Denison Street to Edgewood Street - Street Opening . 36 49 

Apple ton Street (w/s), north of Lanvale Street - 

Reserved Parking Repealed 138 375 

Appropriations, Supplementary - 

Committee on Art and Culture 18 26 

Health Department 24 31 

Housing and Community Development, Department 

of 17 25 

64 155 

Jail 72 166 

Mayoralty Related 58 117 

59 119 

96 288 

Public Schools 63 154 

Public Works, Department of 47 77 

60 120 

Transportation, Department of 97 289 

Appropriations, Transfer - 

Housing and Community Development, Department 

of to Baltimore City Public Schools 68 161 

69 162 

70 164 

71 165 

Housing and Community Development, Department 

of to Urban Services Agency 30 40 

31 42 

32 43 

33 45 



445 



INDEX 

ORD PAGE 



Housing and Community Development, Department 

of to Urban Services Agency 34 46 

35 47 

Public Schools to Department of Housing and 

Community Development 65 157 

66 158 

67 160 

Public Works, Department of to Enoch Pratt 

Free Library 28 38 

B 

Baltimore City Charter - Amendments - 

Article VIH, § 109, 118(a) R6 423 

Baltimore City Code - Additions - 

Article 1, § 232 149 387 

Article 3, § 1 - 2 13 15 

Article 3, § 1 - 3 12 9 

Article 3, § 1 - 3 15 20 

Article 3, § 1 - 4 14 17 

Article 7, § 3(b), 3(i), 3(j), 3(m), 3(n), 3(o), 3(p), 

3(x), 3(bb), 3(dd), 3(ff), 4(f), 5(a)(4), 5(a)(13)(v), 

5(a)(14)(ix), 5(a)(16), 5(a)(17), 5(a)(18(iv), 

5(a)(18)(v), 5(b)(4), 5(b)(5), 5(e)(l)(vi) 134 350 

Article 11, § 165(a)8-165(a)10, 165(d)(2), 165(d)(3) 75 174 
Article 11, § 266(c), 267(a-l), 268(c) and (d), 

269(h), 270(d) 51 89 

Article 13, § 516 104 299 

Article 19, § 22B 129 338 

Article 19, § 58C(f) 131 345 

Article 23, § 31 113 313 

Article 30, § 4.1A and 4.1B 76 177 

Article 30, § 6.5-lc-6, 7.2-lc-16, 7.3-lc-7 41 58 

Article 31, § 103(la), 152(t) 11 7 

Article 31, § 119(2a) 55 96 

Article 31, § 151A 122 327 

Article 31, § 151A 123 329 

Article 31, § 152(t) 122 327 

Article 31, § 152(t) 123 329 

Article 31, § 156(1)(6) 125 332 



446 



INDEX 

ORD PAGE 



Baltimore City Code - Amendments - 

Article 7, § 3(e), 3(s), 3(t), 4(b)(1), 4(b)(4), 4(f), 

5(a)(3), 5(a)(15), 5(b)(1), 5(b)(2), 5(b)(3), 5(e)(2), 

7(a), 7(j) 134 350 

Article 11, § 165(d)(1) 75 174 

Article 11, § 267(c), 267(e) 51 89 

Article 19, § 2 and 3 53 92 

Article 19, § 58C(a) 131 344 

Article 22, § 1(30), 6(a)(14), 6(c)(12), 6(f)(13), 

8(a)(1), 9(e), 9(f)(1), 9(f)(2), 9(m)(7), 16(e)(1), 

16(e)(2), 17 86 246 

Article 22, § 17A(7), 19(c), 24(c) 90 270 

Article 27, § 22 29 39 

Article 30, § 6.5-lb-2, 7.2-lb-56(e) 41 58 

Article 30, § 9.0-3 130 342 

Article 30, § ll.CMb 99 293 

Article 30, § 12.0-2b-l, 12.0-2b-2 76 177 

Article 30, Sheet No. 32 103 298 

Article 30, Sheet No. 54 87 264 

Article 30, Sheet No. 54 88 265 

Article 30, Sheet No. 55 46 76 

Article 30, Sheet No. 57 148 386 

Article 31, § 28(21) 122 327 

Article 31, § 119(2) 55 96 

Article 31, § 152(h), 152(i), 152(j), 1520), 152(n) . . 105 301 

Article 31, § 152(s) 11 7 

Article 31, § 155 ... 98 291 

Article 31, § 156(c)(2) 115 317 

Article 31, § 156(e) 109 307 

Article 31, § 156(e) 114 316 

Baltimore City Code - Repeal - 

Article 7, § 5(a)(13) 134 350 

Baseball Diamond No. 1 in Patterson Park - City 

Property - Naming 9 6 

Bloom Street (342) - Housing for the Elderly 118 321 

Bond Issues - 

Aquarium Loan 84 235 



447 



INDEX 

ORD PAGE 

Asbestos Program Loan 78 190 

Community Development Loan 83 227 

Economic Development Loan 82 218 

Neighborhood Facilities Loan 81 211 

Recreation and Parks Loan 80 204 

School Loan 79 196 

Bonds, Economic Development Revenue - 

Arcade Limited Partnership Project R7 425 

Armistead Partnership Project R8 434 

Field Container Corporation R2 397 

Tindeco Wharf Apartments Project R4 409 

Boston Street (2108-2128) - Rezoning 148 386 

Broadway (N 909-917) - Drug Abuse Rehabilitation and 

Treatment Center 52 91 

Broadway (N 919-931) - Housing for the Elderly 132 348 

C 

Calhoun Street (S 200-206) - Rezoning 87 264 

Canterbury Road to Oak Place - Name Change 8 6 

Castle Street (e/s), north of Jefferson Street - Reserved 

Parking - Repealed 119 322 

Cathedral Street (1114) - Reserved Parking - Repealed . . 5 4 

Centre Street (W 205), rear portion of - Parking Lot ... 1 1 

Centre Street (W 219-221) - Parking Lot 1 1 

Charles Street, from Wyndhurst Avenue to Coldspring 

Lane - Impounding Area 101 296 

Charles Street (w/s), north of Mulberry Street - 

Reserved Parking - Repealed 6 4 



448 



INDEX 

ORD PAGE 

Charter Revision Commission R3 406 

Christian Street (s/s), east of Bentalou Street - Reserved 

Parking - Repealed 139 375 

City Employees - 

Dismissal R6 423 

City Property - Name Change- 
Hamburg Street Bridge to Mildred Moon Memorial 

Bridge 152 390 

Hanover Street Bridge to Vietnam Veterans 

Memorial Bridge 153 391 

City Property - Naming - 

Baseball Diamond in Riverside Park 126 334 

Baseball Diamond No. 1 in Patterson Park 9 6 

Baseball Field in Ellwood Park 150 388 

Restivo Square 10 7 

City Property - Opening - 

Rogers Avenue 137 369 

Civil Service Commission R6 423 

Cliftview Avenue, east of Germania Avenue - 

Reserved Parking 4 3 

Community Correction Center - Amending - Fayette 

Street (E 1101) 116 318 

Conkling Street (S 511-517) - Dinner Theatre, Meeting 

and Banquet Hall 112 311 

Conkling Street (w/s), north of Leverton Avenue - 

Reserved Parking - Repealed 20 28 

Curfew - 

Retail Business Establishments in Drug-Free Zones . 131 344 



449 



INDEX 

ORD PAGE 

D 

Diamond Alley (117 and 119) - Housing for the Elderly 117 319 

Dinner Theatre - 

Conkling Street (S 511-517) 112 311 

Doorbells - 

Multi-unit Buildings 104 299 

Downtown Management District - 

Creation 57 98 

Downtown Partnership of Baltimore, Inc. - 

Creation 57 98 

Drug Abuse Rehabilitation Center - 

Broadway (N 909-917) 52 91 

Monument Street (E 2027-2043) 102 297 

Drug-Free Zones - 

Retail Business Establishments - Curfew 131 344 

Drug Paraphernalia - 

Plastic Containers 129 338 

Druid Hill Avenue - Rezoning 46 76 

Dudley Avenue, (s/s), east of Shannon Drive - 

Reserved Parking - Repealed 143 378 

Dumping, Unlawful - 

Parking 122 327 

E 

Easement, Grant of - 

Liberty Reservoir 108 305 



450 



INDEX 

ORD PAGE 



Easement, Utility- 
Anne Arundel County 135 364 

East Avenue (e/s), south of Pratt Street - Reserved 

Parking - Repealed 21 29 

Eastern Avenue (4513) - Street Encroachment 43 62 

Estimates, Ordinance of 61 122 

Eutaw Street (N) - Rezoning 46 76 

Edmondson Avenue (2900) - Parking 133 349 

F 

Fayette Street (E 1101) - Community Correction 

Center - Amending 116 318 

Floodplain Management 134 350 

Food Service Facilities - 

Inspection Fee 75 174 

Fort Avenue (E 1426) - Property Sale 91 274 

Franchise - 

Covington Street (801) - Balcony and Stairway .... 94 281 
Covington Street (801) - Concrete Wall Projection 

and Bollards 93 278 

Covington Street (801) - Elevated Sculpture Pedestals 95 285 

Covington Street (801) - Structural Projections .... 92 275 
33rd Street (El 0-1 2) - Freestanding Sign and 

Underground Conduit 120 322 

Waxter Way - Bridgeway 146 380 

Franklin Street (W 216-224) - Parking Lot 1 1 



451 



INDEX 

ORD PAGE 



Gay Street (w/s), south of Preston Street - 

Reserved Parking - Repealed 141 377 

Gwynns Falls Parkway (3603) - Rezoning 103 298 

H 

Hamburg Street Bridge to Mildred Moon Memorial 

Bridge - City Property - Name Change 152 390 

Hanover Street Bridge to Vietnam Veterans Memorial 

Bridge - City Property - Name Change 153 391 

Harford Road (2014) - Meeting and Banquet Hall .... 100 294 

Hargrove Alley (w/s), between Clay Street and Dark 

Lane - Reserved Parking - Repealed 144 379 

Haubert Street (w/s), south of Marriott Street - 

Reserved Parking - Repealed 56 97 

Haulers, Small - 

Solid Waste Collection 51 89 

Herkimer Street (n/s), west of Ellamont Street - 

Reserved Parking - Repealed 106 303 

Hilton Street (N 125) Property Sales 45 74 

Hollins Street (2301-2325) - Rezoning 88 265 

Housing for the Elderly - 

Bloom Street (342) 118 321 

Broadway (N 919-931) 132 348 

Diamond Alley (117 and 119) 117 319 

Paca Street (N 106-116) 117 319 

27th Street (W 18-22) 16 24 



452 



INDEX 

ORD PAGE 



Howard Street (N 501-537) - Parking Lot 1 1 

I 

Impounding - 

Charles Street, from Wyndhurst Avenue to 

Coldspring Lane 101 296 

Sharp Street, between Saratoga Street and Clay Street 1 10 309 

St. Paul Street, from 31st Street to Lanvale Street . . 55 96 

Incinerators • 

Moratorium on Construction 128 335 

Information Conference with Planning Department ... 99 293 

K 

Kenwood Avenue (w/s), south of Federal Street - 

Reserved Parking - Repealed 38 54 

L 

Landfills - Preservation - 

Compostable Yard Waste 113 313 

Locust Street (s/s), west of Fairhaven Avenue - 

Reserved Parking - Repealed 26 36 

Ludgate Road (s/s), east of Clover Road - Reserved 

Parking - Repealed 2 2 

M 

Malvern Street (e/s), south of Eastbourne Avenue - 

Reserved Parking - Repealed 22 30 

Marine Passenger Terminals - Zoning Code 41 58 

Mary Avenue (3011) - Parking Lot 107 303 



453 



INDEX 

ORD PAGE 

Meeting and Banquet Hall - 

Conkling Street (S 511-517) 112 311 

Harford Road (2014) 100 294 

Metropolitan District Extension - 

Second Election District of Baltimore County 127 334 

MIDFA - Revenue Bonds - 

Bon Secours Health System, Inc R5 418 

City Crescent Limited Partnership Rl 393 

South Baltimore Family Health Centers, Inc 25 32 

Monument Street (E 2027-2043) - Drug Abuse 

Rehabilitation Center 102 297 

Multi-unit Buildings - 

Doorbells 104 299 

N 

North Avenue (E 300 block) - Street Encroachment ... 27 37 

Nuclear Free Zone - 

Nuclear Weapons 12 9 

O 

Oak Place - Streets - Name Change 8 6 

O'Donnell Street - Property Sale 54 94 

Ordinance of Estimates 61 122 

P 

Paca Street, a portion of Paca Street and a portion of 

Eutaw Street - Street Closing 74 170 

Paca Street, a portion of Paca Street and a portion of 

Eutaw Street - Street Opening 73 168 



454 



INDEX 

ORD PAGE 

Paca Street (N 106-116) - Housing for the Elderly .... 117 319 

Parking - 

Authorization- 

Edmondson Avenue (2900 block) 133 349 

Display of Solid Waste Permit 123 329 

Unlawful Dumping 122 327 

Parking Fines - 

Amnesty 98 291 

Camden Yards Stadium Complex Residential Permit 

Parking Area 11 7 

Penalties 105 301 

Parking Lot - 

Centre Street (W 205), rear portion of 1 1 

Centre Street (W 219-221) 1 1 

Franklin Street (W 216-224) 1 1 

Howard Street (N 501-537) 1 1 

Mary Avenue (3011) 107 303 

Pratt Street (E 300) Ill 310 

Pratt Street (W 1409-1419) 124 331 

Twenty-third Street (E 206-212) 42 61 

Tyson Street 1 1 

Parking, Reserved - 

Cliftview Avenue, east of Germania Avenue 4 3 

Wyman Drive, between 29th Street and Howard 

Street 151 389 

Parking Reserved - Repealed - 

Appleton Street (w/s), north of Lanvale Street .... 138 375 

Castle Street (e/s), north of Jefferson Street 119 322 

Cathedral Street (1114) 5 4 

Charles Street (w/s), north of Mulberry Street 6 4 

Christian Street (s/s), east of Bentalou Street 139 375 

Conkling Street (w/s), north of Leverton Avenue ... 20 28 

Dudley Avenue, (s/s), east of Shannon Drive 143 378 

East Avenue (e/s), south of Pratt Street 21 29 



455 



INDEX 

ORD PAGE 



Gay Street (w/s), south of Preston Street 141 377 

Hargrove Alley (w/s), between Clay Street and 

Dark Lane 144 379 

Haubert Street (w/s), south of Marriott Street 56 97 

Herkimer Street (n/s), west of Ellamont Street .... 106 303 

Jefferson Street (s/s), east of Glover Street 140 376 

Kenwood Avenue (w/s), south of Federal Street ... 38 54 

Locust Street (s/s), west of Fairhaven Avenue .... 26 36 

Ludgate Road (s/s), east of Clover Road 2 2 

Malvern Street (e/s), south of Eastbourne Avenue . . 22 30 

Robinson Street (e/s), south of Pratt Street 23 30 

St. Paul Street (w/s), north of Lexington Street .... 145 379 

Stevenson Street (e/s), north of Fort Avenue 7 5 

Washington Street (w/s), north of Lombard Street . . 3 2 

Wilmington Avenue (e/s), south of Benson Avenue .19 28 

Woodbourne Avenue (s/s), east of Hillen Road .... 142 377 

Parkwood Avenue (4703 and 4705) - Property Sale ... 136 368 

Pratt Street (E 300) - Parking Lot Ill 310 

Pratt Street (W 1409-1419) - Parking Lot 124 331 

Private Streets - 

Name Change 29 39 

Property Sales - 
City Sells - 

Fort Avenue (E 1426) 91 274 

Hilton Street (N 125) 45 74 

O'Donnell Street 54 94 

Parkwood Avenue (4703 and 4705) 136 368 

Property Tax Rate 62 153 

Public Works, Department of - 

Transfer of Department of Transportation to 

Department of Public Works 121 326 



456 



INDEX 

ORD PAGE 



Purchases - 

Manufacturers of Nuclear Weapons 13 15 

R 

Radioactive Materials - 

Disposal 14 17 

Transportation 15 20 

Real Estate Appraisals 149 387 

Refuse and Refuse Disposal - 

Radioactive Materials 14 17 

Residential Permit Parking Program - 

Businesses in Stadium Area 125 332 

Camden Yards Stadium Complex 11 7 

Camden Yards Stadium Complex, Areas A and B . . 109 307 

Cost 114 316 

Parking Studies 115 317 

Restivo Square - City Property - Naming 10 7 

Retail Business Establishments in Drug-Free Zones - 

Curfew 131 344 

Retirement Systems - 
Elected Officials - 

Interest 90 270 

Employees* - 

Corrective Bill 86 246 

Revenue Obligations, Issuance of - 

Wastewater Projects 40 56 

Water Projects 39 54 

Robinson Street (e/s), south of Pratt Street - Reserved 

Parking - Repealed 23 30 

Rogers Avenue - City Property - Opening 137 369 



457 



INDEX 

ORD PAGE 



St. Paul Street (w/s), north of Lexington Street - 

Reserved Parking - Repealed 145 379 

St. Paul Street, from 31st Street to Lanvale Street - 

Impounding Area 55 96 

Sharp Street, between Saratoga Street and Clay Street - 

Impounding Area 110 309 

Solid Waste Collection - 

Small Haulers 51 89 

Solid Waste Obligations 44 63 

Solid Waste Permits - 

Parking 123 329 

Stevenson Street (e/s), north of Fort Avenue - Reserved 

Parking - Repealed 7 5 

Street Encroachment - 

Eastern Avenue (4513) 43 62 

North Avenue (E 300 block) - fences 27 37 

Streets - Close - 

Alley south of Clifton Avenue, extending westerly 

from Denison Street to Edge wood Street 37 51 

Paca Street, a portion of Paca Street and a portion of 

Eutaw Street 74 170 

Streets and Alleys bounded by Eutaw Street, 

Baltimore Street, Howard Street and Lombard Street 50 85 

Streets - Name Change - 

Canterbury Road to Oak Place 8 6 

Streets - Open - 

Alley south of Clifton Avenue, extending westerly 
from Denison Street to Edgewood Street 36 49 



458 



INDEX 

ORD PAGE 



Paca Street, a portion of Paca Street and a portion of 

Eutaw Street 73 168 

Streets and Alleys bounded by Eutaw Street, 

Baltimore Street, Howard Street and Lombard Street 49 82 

T 

Taxes - 

Property 62 153 

Thirty-third Street (E 10-12) - Franchise 120 322 

Transportation, Department of - 

Department transferred to Department of Public 
Works 121 326 

Transportation - 

Radioactive Materials 15 20 

Twenty-third Street (E 206-212) - Parking Lot 42 61 

Twenty-seventh Street (W 18- 22) - Housing for the 

Elderly 16 24 

Tyson Street - Parking Lot 1 1 

U 

Urban Renewal - 

Financial District - Amendment No. 8 89 266 

Market Center - Amendment No. 9 85 242 

W 

Washington Street (w/s), north of Lombard Street - 

Reserved Parking - Repealed 3 2 

Wilmington Avenue (e/s), south of Benson Avenue - 

Reserved Parking - Repealed 19 28 



459 



INDEX 

ORD PAGE 



Woodbourne Avenue (s/s), east of Hill en Road - 

Reserved Parking - Repealed 142 377 

Wyman Drive, between 29th Street and Howard 

Street - Reserved Parking 151 389 



Zoning - 

Boston Street (2108-2128) 148 386 

Calhoun Street (S 200-206) 87 264 

Druid Hill Avenue 46 76 

Eutaw Street (N) 46 76 

Gwynns Falls Parkway (3603) 103 298 

Hollins Street (2301-2325) 88 265 

Zoning Code • 

Information Conferences with Planning Department . 99 293 

Marine Passenger Terminals 41 58 

Off-street Parking Spaces in Residential Districts ... 130 342 

R-1A and R-1B Districts 76 177 

Zoning - Planned Unit Development - 

Mt. Washington Mill 77 183 

Mount Clare Junction 147 383 

Zoning - Planned Unit Development - 
Amendments - 

Mariner Health Care, Inc 48 792 



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